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Advocates Philippines
SC Dismisses Harassment Complaint Against Husband Of VP Sara Duterte And One Other Lawyer
In a recent Resolution dated June 14, 2023, the Court, First Division, has dismissed a complaint lodged by Alfredo and Lumenaria Honegger against Attorneys Edgar Dennis A. Pademal and Manases R. Carpio, the husband of Vice President Sara Duterte.
The complaint was filed with the Integrated Bar of the Philippines - Commission on Bar Discipline (IBP-CBD) and alleged that the attorneys filed baseless cases to harass the complainants.
The dispute stemmed from a collection case initiated by Bernhard Anton Burch, a Swiss national, against Alfredo, Lumenaria, and the Cebu People Express Corporation (CPEC) before the Regional Trial Court (RTC) of Manila. The RTC rendered a decision in favor of Burch, which was subsequently affirmed by the Court of Appeals.
Following the RTC's decision, Burch also filed an estafa case against Alfredo and Lumenaria, as well as a cyber libel case against Alfredo. Additionally, three cases were brought against Alfredo for violations of the Retail Trade Liberalization Act and the Anti-Dummy Law.
Moreover, a deportation case was filed against Alfredo based on alleged violations of Philippine laws. Alfredo and Lumenaria accused Attorneys Pademal and Carpio of knowingly filing frivolous cases meant to harass them.
However, the Court found that the complainants failed to provide evidence supporting their claim. Upon review, it was revealed that the cases filed by the attorneys had legitimate antecedents and were impelled by valid reasons, such as unpaid loans, alleged misrepresentation, and illegal operations.
The Court's ruling emphasized that attorneys are allowed to use legal means, including filing appropriate cases, to protect their clients' interests or seek redress on their behalf. Unless there is evidence of bad faith or concocted claims, attorneys are not subject to administrative sanctions for exercising their legal rights and representing their clients.
With no indication of unethical conduct or harassment on the part of Attorneys Pademal and Carpio, the Court ultimately dismissed the complaint against them for lack of merit.
The complaint was filed with the Integrated Bar of the Philippines - Commission on Bar Discipline (IBP-CBD) and alleged that the attorneys filed baseless cases to harass the complainants.
The dispute stemmed from a collection case initiated by Bernhard Anton Burch, a Swiss national, against Alfredo, Lumenaria, and the Cebu People Express Corporation (CPEC) before the Regional Trial Court (RTC) of Manila. The RTC rendered a decision in favor of Burch, which was subsequently affirmed by the Court of Appeals.
Following the RTC's decision, Burch also filed an estafa case against Alfredo and Lumenaria, as well as a cyber libel case against Alfredo. Additionally, three cases were brought against Alfredo for violations of the Retail Trade Liberalization Act and the Anti-Dummy Law.
Moreover, a deportation case was filed against Alfredo based on alleged violations of Philippine laws. Alfredo and Lumenaria accused Attorneys Pademal and Carpio of knowingly filing frivolous cases meant to harass them.
However, the Court found that the complainants failed to provide evidence supporting their claim. Upon review, it was revealed that the cases filed by the attorneys had legitimate antecedents and were impelled by valid reasons, such as unpaid loans, alleged misrepresentation, and illegal operations.
The Court's ruling emphasized that attorneys are allowed to use legal means, including filing appropriate cases, to protect their clients' interests or seek redress on their behalf. Unless there is evidence of bad faith or concocted claims, attorneys are not subject to administrative sanctions for exercising their legal rights and representing their clients.
With no indication of unethical conduct or harassment on the part of Attorneys Pademal and Carpio, the Court ultimately dismissed the complaint against them for lack of merit.
Jul 28, 2023
