Legal Profession

2nd semester, A.Y.

2014-2015

Foodsphere, Inc. v. Mauricio

G.R. No.: AC No. 7199
Ponente: Carpio Morales
Date: July 22, 2009
Petitioner: Foodsphere, Inc.
Respondent: Melanio Mauricio
FACTS:
Foodsphere, more commonly known as CDO meat products, filed a complaint for disbarment against Atty. Melanio L. Mauricio, more
popularly known as Batas Mauricio, a writer columnist of tabloids including Balitang Patas BATAS, Bagong Tiktik, Toro, and Hataw and a
host of the television program, Kakampi mo ang Batas. Charges are as follows:
(1) grossly immoral conduct
(2) violation of lawyers oath
(3) disrespect to the courts and to investigating prosecutors
Alberto Cordero purportedly bought a can of CDO liber spread. He found that the can contained worms. He and his family filed a
complaint against CDO in the BFAD. They demanded P150,000 as damages from CDO. Complainant however refused to pay because
they deemed the amount to be outrageous. Complainant instead offered to return actual medical and incidental expenses but such offer
was turned down. The Corderos threated to bring the matter to the attention of the media.
Atty. Mauricio sent complainant a copy of the frontpage of a would-be issue of the tabloid Balitang Patas BATAS which contained articles
maligning and discrediting and imputing vices and defects to CDO and its products. Respondent threatened to publish the articles unless
complainant gave in to the P150,000 demand of the Corderos. CDO proposed to settle the matter for P50,000.
Corderors eventually forged a KASUNDUAN seeking withdrawal of the complaint before BFAD. Atty. Mauricio affixed signature to the
Kasunduan as a witness and wrote in one of his columns that he was the one who prepared the document.
Atty. Mauricio sent an Advertising Contract to CDO asking the latter to advertise in the tabloid Balitang Patas BATAS for 24 weekly issues
at P15,000 per issue or a total of P360,000. Complainant offered to buy full pay advertisement in the tabloid amounting to P45,000 to
P15,000 per advertisement and 3 spots of 30-second TVC in the tv program for a total of P23, 100.
Disappointed with the offer, respondent in his radio program Double-B Batas ng Bayan at radio station DZBB, announced the holding of a
supposed contest: aling liver spread ang may uod? . He also wrote an article captioned Kadiri ang CDO Liver Spread!. He continued
tirade against complainant in his column Laging Handa in another tabloid, Bagong Tiktik.
Complainant thus filed criminal charges against respondent for Libel and Threatening to Punish for Libel. In this complaints pending, the
respondent filed his Entry of Appearance with Highly Urgent Motion to Elevate These Cases to the Department of Justice which contained
disrespectful remarks to the investigating prosecutor and to the court. In a Motion to Dismiss for Lack of Jurisdiction, he made rude
comments to opposing party and counsel using improper language.
The pending cases against him and the issuance of a status quo order notwithstanding, respondent continued to publish articles against
complainant and to malign complainant through his television shows.
IBP recommended that Atty. Mauricio be suspended from the practice of law for 2 years.
ISSUE1: WON Atty. Mauricio should be suspended from the practice of law for his conducts. YES.
HELD/RATIO1:
Atty. Mauricio violated the following:
Rule 1.01 of the CPR mandating lawyers to refrain from engaging in unlawful, dishonest, immoral or deceitful conduct
Batac, Endaya, Lingat, Santos, Saturnino, Villafuerte, Yee

Legal Profession
2nd semester, A.Y.
2014-2015

--> took advantage of complaint against CDO to advance his interestto obtain funds for his BATAS foundation and
seek sponsorships and advertisements for the tabloids and his television programs.
Rule 13.02 of the CPR, A lawyer shall NOT make public statements in the media regarding to arouse public opinion for or
against a party
o Continued attacks against complainant and its products despite pendency of the civil cases and issuance of a status
quo order restraining/ enjoining further publishing, televising and broadcasting of any matter relative to the complaint
of CDO
Canon 1, uphold the Constitution, obey the laws of the land and promote respect for law and legal processes
Canon 8, conduct self with courtesy and candor toward his professional colleagues, and shall avoid harassing tactics against
opposing counsel
Rule 8.01 of the CPR, a lawyer shall NOT, in his professional dealings, use language which is abusive, offensive or otherwise
improper
Canon 7, a lawyer shall at all times uphold the integrity and dignity of the legal profession
o

DISPO: SUSPENDED from the practice of law for three years.

Batac, Endaya, Lingat, Santos, Saturnino, Villafuerte, Yee