Saturday, August 15, 2009

ACDC syndrome

A famous Filipino lawyer-mediaman-politician has been suspended (for the second time) by the Philippine Supreme Court, again, on issues involving money.

It is risky to combine the three professions in one person (although, it is admitted that knowledge of law is of great service to mediamen and politicians).

There is always the danger of suffering from the mediaman’s ACDC syndrome (“attack and collect; defend and collect”).

If you are a trial lawyer, focus and concentrate on it. And be honest in your dealings and simple and modest in your lifestyle.

Let me reproduce the Supreme Court news item on the second suspension of Atty. Melanio Mauricio Jr.


SC Suspends “Batas Mauricio”
Posted: July 24, 2009
By Jay B. Rempillo


After recently dismissing three trial court judges and suspending three court personnel, the Supreme Court has also cracked down against erring members of the Bar and in less than three weeks, suspended lawyer-tri-media personality Atty. Melanio “Batas Mauricio” Mauricio, Jr. from the practice of law for three years.

Mauricio wrote columns in tabloids including Balitang Patas BATAS, Bagong TIKTIK, TORO, and HATAW!, as well as hosted the television program KAKAMPI MO ANG BATAS aired over UNTV and radio program Double B-BATAS NG BAYAN aired over DZBB.

In a 14-page penned by Justice Conchita Carpio Morales, the Supreme Court en banc unanimously suspended Atty. Mauricio for violation of the Lawyer’s Oath and breach of ethics of the legal profession as embodied in the Code of Professional Responsibility. Atty. Mauricio was warned that a repetition of the same or similar offense would be dealt with more severely.

Mauricio’s suspension stemmed from the disbarment case filed against him by Foodsphere, Inc., manufacturer and distributor of CDO canned goods and grocery products. Mauricio continuously attacked Foodsphere in his columns and radio and television programs following an incident in June 2004, when one Alberto Cordero complained of the quality of the CDO Liver Spread, despite the matter being settled already by the parties concerned and the temporary restraining order (TRO) issued against him by the Valenzuela City Regional Trial Court.

Mauricio, in the guise of helping Cordero and family, previously threatened to publish the articles unless Foodsphere pays PhP150,000 to the Corderos. Later, Mauricio proposed Foodsphere to settle the matter by paying PhP15,000 to the Corderos and PhP35,000 to his BATAS Foundation and placing paid advertisements in the tabloids and his television program. Eventually, the Corderos forged a KASUNDUAN (settlement) with Foodsphere to withdraw their complaint filed earlier before the Bureau of Food and Drug Administration (BFAD), which eventually dismissed the complaint. Mauricio, who was a signatory to the settlement as a witness, subsequently sent Foodsphere an advertising contract asking it to advertise in the tabloids for which he writes and his television program. However, Mauricio was disappointed with Foodsphere’s response and eventually proceeded to attacked Foodsphere in his columns and programs.

“The power of the media to form or influence public opinion cannot be underestimated…On reading the articles respondent published, not to mention listening to him over the radio and watching him on television, it cannot be gainsaid that the same could, to a certain extent, have affected the sales of complainant….To the Court, suspension of respondent from the malpractice of law for three years is, in the premises, sufficient,” said the Court.

It was the second suspension for Mauricio who had been suspended for six months in 2005 in Dalisay v. Mauricio, Jr. for malpractice and gross misconduct for violating Canons 17, 18, Rule 18.03 and 20 of the Code of Professional Responsibility and the Lawyer’s Oath for charging a client exorbitant fees despite failing to make any action in the said client’s case.

The Court held that charging complainant Valeriana U. Dalisay PhP56,000 for his services was improper since Mauricio did not take any step in assisting Dalisay in her case. While giving legal advice and opinion on complainant Dalisay’s problems and those of her family constitutes legal service, the Court stressed that the attorney’s fee must be reasonable. (AC No. 7199, Foodsphere, Inc. v. Mauricio, www.sc.judiciary.gov.ph).


(Note: Atty. Mauricio was a senatorial candidate in 2004 under the presidential line-up of the late Senator Raul Roco. I was one of the volunteer lawyers of Sen. Roco in 2004. I was a co-convenor of the Lawyers for Reform Movement and the Lawyers for Roco Movement).