The case of WEN MING W CHEN vs. ATTY. F.D. NICOLAS B. PICHAY, A.C. No. 7910, September 18, 2009, gives Filipino lawyers a tinge of hope in the face of baseless administrative suits commenced by losing litigants to harass them as legal professionals. In the said case, the Philippine Supreme Court expressly held, thus:
“Even assuming that the cases filed were civil actions for damages, the same does not merit respondent’s disbarment or suspension. There is nothing on record to show that the filing of the cases was done for the purpose of harassment. The conclusion that the filing of the DOJ complaints was to harass complainant has no basis. If at all, it was an error of judgment sans bad faith. It has been held that not all mistakes of members of the Bar justify the imposition of disciplinary actions. An attorney-at-law is not expected to know all the law. For an honest mistake or error, an attorney is not liable. The alleged errors are not of such nature which would warrant the imposition of the penalty of suspension for one year.”
