Canon 1 - De Leon v Pedrena DIGEST

A.C. No. 9401, October 22, 2013  JOCELYN  JOCELYN DE LEON v. ATTY. TYRON TYRONE E PEDRENA Facts: Att. Tro!e Pe"re#a, a Public Attorney of Parañaqu Parañaque e City.  Joce$! De Leo!  is a single mother of two minor children. Atty. Atty. Pedreña is the coun counse sell of Joce Jocely lyn n De Leon eon on the the case case for for support for the two minor children. ecor cords show ow,, as establ tablis ishe hed d by the !"P !"P !n#estigating Commissioner, on January $%, &%%' after after as(ing as(ing about about the status status of the case Atty Atty.. Pedreña told Jocelyn De Leon then to ride with him him and and he wo woul uld d )ust )ust drop drop Joce Jocely lyn n by the the  )eepney station, she refused to ride r ide with him but Atty. Pedreña persistently told her to get in the car, and so she acceded to his request so as not Att. Pe"re#a to o*end o*end him. him. !nsi !nside de the car car Att. r%bbe" t&e Joce$!'s r()&t $e) *(t& &(s &a!"+ tr(e tr(e" " to (!se (!sert rt &(s &(s !)e !)err (!to (!to &er &er r-$ r-$  c$ose" &a!"+ )rabbe" &er &a!" a!" orc(b$ /$ace" (t o! &(s crotc& area+ a!" /resse" &(s !)e !)err a)a( a)a(!s !stt &er &er /r( /r(at ate e /art /art..  Jocelyn thereafter thereafter tried at all cost to unloc( the car+s door and told him categorically that she was getting o* the car. !nstead he accelerated a bit more but sensing her insistence to get o*, he stopped the car, and allowed her to get o*.  Jocelyn de Leon then led with the !ntegrated "ar of the Philippines -!"P a complaint for disbar disbarmen mentt or suspen suspensio sion n from from the practi practice ce of  law against a gainst Atty. Atty. /yrone /yrone Pedreña. !"P !n#estigating Commissioner recommended for his his disb disbar arme ment nt,, the the !"P !"P "o "oar ard d of 0o 0o#e #ern rnor ors s howe#e howe#err modie modied d the penalt penalty y to three1 three1mon month th suspension from practice of law. 2pon 3otion for econsideration by Atty. Pedreña which the "oard denied, they increased the penalty to si4 months.  /hereafter transmitted records and resolution to the Court for appro#al.

ss%e: 5hether or not Atty. Pedreña is guilty of  #iolating ule 6.%6 of Canon 6 of the Code of  Professional esponsibility. R%$(!):  7es,  7es, Atty. Atty. Pedreña Pedreña is guilty. guilty. /he 8upreme Court adopted the ndings and conclusions of the !n#e !n#est stig igat atin ing g Co Comm mmis issi sion oner er.. 7et, et, the the Co Cour urtt consider the recommended penalty of suspension for for si4 si4 mo mont nths hs not not comm commen ensu sura rate te with with the the gra#ity of the o*ensi#e acts committed. 0i#en 0i#en the circumst circumstance ances s in which which Atty Atty. Pedre Pedreña ña comm commit itte ted d them them,, his his acts acts we werre not not me merrely ely o*e *en nsi#e si#e and and und undesir esirab able le but but repul pulsi# si#e, disgraceful and grossly immoral. !n this regard, it bears stressing stressing that (--ora$ co!"%ct (s )ross *&e! *&e! (t (s so corr corr%/ %/tt as to co!s co!st( t(t% t%te te a cr(-( cr(-(!a$ !a$ act, or so %!/r( %!/r(!c( !c(/$e /$e" " as to be re/re& re/re&e!s e!s(b$ (b$e e to a &()& &()& "e)ree "e)ree,, or *&e! *&e! co-o--(tte" te" %!"er !"er s%c& %c& sca sca!"a !"a$o%s o%s or reo$ reo$t(! t(!) ) c(rc%c(rc%-sta sta!ce !ces s as to s&oc s&oc t&e co--%!(t's se!se o "ece!c.  /herefore,  /herefore, the Court too( into consideration  )udicial precedents on gross immoral conduct bearing bearing on se4ual matters. /he Court consider consider the acts committed by Atty. Pedreña to be not of  the same degree as the acts committed by the respondent lawyer in Calub v. Suller , among other

case cases s wher whereb eby y the the respo espond nden entt lawy lawyer er wa was s ra/(!) !) &(s &(s !e() !e()&b &bor' or's s *(e *(e. disbarred for ra/( 2nli(e in Barrientos  where  where there was "ece(t and Delos s Reye Reyes s where t&reats a!" in Delo where there there were were t&reats ta(! ta(!) ) a"a!t a"a!ta)e a)e o a $a*e $a*er's r's /os(t( /os(t(o! o!, Atty Atty.. Pedreña edreña did not employ employ any schem scheme e to satiate his lust, but, instead, he desisted upon the rst signs of the De Leon+s rm refusal to gi#e in to his ad#ances. !n #iew of these considerations, according to the Court penalty of s%s/e!s(o! ro- t&e /ract(ce o $a* or t*o ears  is tting and )ust.

A.C. No. 9401, October 22, 2013  JOCELYN  JOCELYN DE LEON v. ATTY. TYRON TYRONE E PEDRENA Facts: Att. Tro!e Pe"re#a, a Public Attorney of Parañaqu Parañaque e City.  Joce$! De Leo!  is a single mother of two minor children. Atty. Atty. Pedreña is the coun counse sell of Joce Jocely lyn n De Leon eon on the the case case for for support for the two minor children. ecor ecords ds show how, as estab tablish lished ed by the the !"P !"P !n#estigating Commissioner, on January $%, &%%' after after as(ing as(ing about about the status status of the case Atty Atty.. Pedreña told Jocelyn De Leon then to ride with him him and and he wo woul uld d )ust )ust drop drop Joce Jocely lyn n by the the  )eepney station, she refused to ride with him but Atty. Pedreña persistently told her to get in the car, and so she acceded to his request so as not Att. Pe"re#a to o* o*en end d him. him. !nsid !nside e the the car car Att. r%bbe" t&e Joce$!'s r()&t $e) *(t& &(s &a!"+ tr(e tr(e" " to (!ser (!sertt &(s &(s !)e !)err (!to (!to &er &er r-$ r-$  c$ose" &a!"+ )rabbe" &er &a!" a!" orc(b$ /$ace" (t o! &(s crotc& area+ a!" /resse" &(s !)e !)err a)a( a)a(!s !stt &er &er /r( /r(at ate e /art /art..   Jocelyn thereafter tried at all cost to unloc( the car+s door and told him categorically that she was getting o* the car. !nstead he accelerated a bit more but sensing her insistence to get o*, he stopped the car, and allowed her to get o*.  Jocelyn de Leon then led with the !ntegrated "ar of the Philippines -!"P a com omp plaint for disbar disbarmen mentt or suspen suspensi sion on from from the practi practice ce of  law against ag ainst Atty. Atty. /yrone /yrone Pedreña. !"P !n#estigating Commissioner recommended for his his disb disbar arme ment nt,, the the !"P !"P "o "oar ard d of 0o#er 0o#erno nors rs howe#e howe#err modi modied ed the penalt penalty y to three1 three1mon month th suspension from practice of law. 2pon 3otion for econsideration by Atty. Pedreña which the "oard denied, they increased the penalty to si4 months.  /hereafter transmitted records and resolution to the Court for appro#al.

ss%e: 5hether or not Atty. Pedreña is guilty of  #iolating ule 6.%6 of Canon 6 of the Code of  Professional esponsibility. R%$(!):  7es,  7es, Atty. Atty. Pedreña Pedreña is guilty. guilty. /he 8upreme Court adopted the ndings and conclusions of the !n#e !n#est stig igat atin ing g Co Comm mmis issi sion oner er.. 7et, et, the the Co Cour urtt consider the recommended penalty of suspension for for si4 si4 mo mont nths hs not not comm commen ensu sura rate te with with the the gra#ity of the o*ensi#e acts committed. 0i#en 0i#en the circumst circumstance ances s in which which Atty. Pedreña Pedreña comm commit itte ted d them them,, his his acts acts were ere not not me merrely ely o*e o* ensi# nsi#e e and and und undesir esirab ablle but repu epulsi# lsi#e, e, disgraceful and grossly immoral. !n this regard, it

bears stressing that (--ora$ co!"%ct (s )ross *&e! (t (s so corr%/t as to co!st(t%te a cr(-(!a$ act, or so %!/r(!c(/$e" as to be re/re&e!s(b$e to a &()& "e)ree, or *&e! co--(tte" %!"er s%c& sca!"a$o%s or reo$t(!) c(rc%-sta!ces as to s&oc t&e co--%!(t's se!se o "ece!c.  /herefore, the Court too( into consideration  )udicial precedents on gross immoral conduct bearing on se4ual matters. /he Court consider the acts committed by Atty. Pedreña to be not of  the same degree as the acts committed by the respondent lawyer in Calub v. Suller , among other

cases whereby the respondent lawyer was disbarred for ra/(!) &(s !e()&bor's *(e. 2nli(e in Barrientos  where there was "ece(t and in Delos Reyes where there were t&reats a!" ta(!) a"a!ta)e o a $a*er's /os(t(o!, Atty. Pedreña did not employ any scheme to satiate his lust, but, instead, he desisted upon the rst signs of the De Leon+s rm refusal to gi#e in to his ad#ances. !n #iew of these considerations, according to the Court penalty of s%s/e!s(o! ro- t&e /ract(ce o $a* or t*o ears  is tting and )ust.