SC disbars Berteni Causing over FB post

The Supreme Court has disbarred lawyer Berteni Causing, the spokesperson of the Mabasa family, over a draft plunder complaint that he posted on Facebook in 2019.

In a 10-page decision promulgated on October 4, 2022, the SC modified the penalty of the Integrated Bar of the Philippines from reprimand to disbarment for violation of the Code of Professional Responsibility and the Lawyer’s Oath.

Further, the Court said it was also not the first time that Causing was sanctioned.

He was previously suspended for one year for violating the confidentiality of an ongoing family court proceeding.

“The aforesaid case and the case at hand show that Atty. Causing has the propensity to divulge sensitive information in online platforms… to the detriment of the people involved,” SC said.

“The filing of the disbarment complaint against Atty. Causing in the Velasco case should have served as a deterrent. However, it appears that the same had no effect. Thus, the penalty of disbarment is warranted,” it later added.

Meanwhile, the SC directed the Office of the Bar Confidant to remove Causing’s name from the Roll of Attorneys

The case stemmed from the draft complaint-affidavit posted by Causing in January 2019 accusing government officials of plunder.

The case was later filed before the Office of the Ombudsman, where Causing again posted the complaint affidavit on his social media account.

In defense, Causing invoked his rights to freedom of expression and freedom of the press. The Court, however, said that such an argument is untenable.

“As a member of the Bar, Atty. Causing ought to know that Facebook— or any other social medium, for that matter— is not the proper forum to air out his grievances, for a lawyer who uses extra-legal fora is a lawyer who weakens the rule of law,” the Court said

“Atty. Causing’s posting of the complaint for plunder on his Facebook account was motivated by the desire to damage the reputation of the respondents,” it added.

According to the Court, the damage to the reputation of the respondents was already done after Causing posted the complaint.

“The documentary evidence presented by Lao, which consists of screenshots of Atty. Causing’s post, show that she was subjected to public hate, contempt, and ridicule,” it said. 

Meanwhile, the Court warned lawyers to be careful when posting online.

“They are reminded to always practice restraint in their conduct, be it in real life or online. Otherwise, the rule of law may very well be completely circumvented and rendered nugatory by posting public trial on social media,” it said.

In a Facebook live, Causing said he will appeal the SC decision and will file a motion for reconsideration.

In a statement Friday, Causing said his disbarment prevented him from supporting the family of slain broadcaster Percy Lapid amid the ongoing investigation into the case.

“This also crippled Engineer Toto Causing from giving his 100% support for the quest for justice for the slain Percival Carag Mabasa, popularly known as Percy Lapid,” he said.

Causing is the spokesperson of Lapid family.—AOL, GMA Integrated News