Foodsphere, Inc., A.C. No. 7199: Complainant
Foodsphere, Inc., A.C. No. 7199: Complainant
Foodsphere, Inc., A.C. No. 7199: Complainant
FOODSPHERE, INC.,
Complainant,
- versus -
ATTY.
MELANIO
MAURICIO, JR.,
Respondent.
L.
PUNO, C.J.
QUISUMBING,
YNARES-SANTIAGO,
CARPIO,
CORONA,
CARPIO MORALES,
CHICO-NAZARIO
VELASCO, JR.,
NACHURA,
LEONARDO-DE CASTRO,
BRION,
PERALTA, and
BERSAMIN, JJ.
Promulgated:
July 22, 2009
x------------------------------------------------- x
DECISION
xxxx
In Civil Case No. 249-V-04 entitled
Foodsphere, Inc. vs. Atty. [Melanio] Mauricio, et
al., the Order dated 10 December 2004 (Annex O
of the Complaint) was issued by Presiding Judge
Dionisio C. Sison which in part reads:
Anent the plaintiffs prayer
for the issuance of a temporary
restraining order included in the
instant plaintiffs motion, this Court,
inasmuch as the defendants failed to
appear in court or file an opposition
thereto, is constrained to GRANT the
said plaintiffs prater, as it is
GRANTED, in order to maintain
STATUS QUO, and that all the
defendants,
their
agents,
representatives or any person acting
for and in behalf are hereby
restrained/enjoined from further
publishing,
televising
and/or
broadcasting any matter subject of
the Complaint in the instant case
more specifically the imputation of
vices and/or defects on plaintiff and
its products.
Complainant alleged that the above-quoted
Order was served on respondent by the Branch
Sheriff on 13 December 2004. Respondent has not
denied the issuance of the Order dated 10 December
2004 or his receipt of a copy thereof on 13
December 2004.
III.
The Kasunduan entered into by the
Spouses Cordero and herein complainant (Annex C
of the Complaint) was admittedly prepared,
witnessed and signed by herein respondent.
xxxx
In its Order dated 16 August 2004, the
Bureau of Food and Drugs recognized that the said
Kasunduan was not contrary to law, morals, good
customs, public order and policy, and this
accordingly dismissed the complaint filed by the
Spouses Cordero against herein complainant.
However, even after the execution of the
Kasunduan and the consequent dismissal of the
mandate, viz:
CANON 8 - A lawyer shall conduct himself
with courtesy, fairness and candor toward his
professional colleagues, and shall avoid harassing
tactics against opposing counsel.
Rule 8.01 A lawyer shall not, in his
professional dealings, use language which is
abusive, offensive or otherwise improper,
Back to Dalisay, this Court, in denying thereinherein respondents motion for reconsideration, took
note of the fact that respondent was motivated by
vindictiveness when he filed falsification charges
against the therein complainant.[43]
To the Court, suspension of respondent from the
practice of law for three years is, in the premises,
sufficient.
WHEREFORE, Atty. Melanio Mauricio is, for
violation of the lawyers oath and breach of ethics of the
legal profession as embodied in the Code of
Professional Responsibility, SUSPENDED from the
practice of law for three years effective upon his receipt
of this Decision. He is WARNED that a repetition of the
same or similar acts will be dealt with more severely.
Let a copy of this Decision be attached to his
personal record and copies furnished the Integrated Bar
of the Philippines and the Office of the Court
Administrator for dissemination to all courts.
SO ORDERED.