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A.C. No. 9401, October 22, 2013 JOCELYN DE LEON v. ATTY. TYRONEPEDRENA

Facts: Att. Tro!e Pe"re#a, a Public Attorneyof Parañaque City.  Joce$! De Leo!  is a singlemother of two minor children. Atty. Pedreña is thecounsel of Jocelyn De Leon on the case forsupport for the two minor children.

ecords show, as established by the !"P!n#estigating Commissioner, on January $%, &%%'after as(ing about the status of the case Atty.Pedreña told Jocelyn De Leon then to ride withhim and he would )ust drop Jocelyn by the

 )eepney station, she refused to ride with him butAtty. Pedreña persistently told her to get in thecar, and so she acceded to his request so as notto o*end him. !nside the car Att. Pe"re#ar%bbe" t&e Joce$!'s r()&t $e) *(t& &(s &a!"+tr(e" to (!sert &(s !)er (!to &er r-$c$ose" &a!"+ )rabbe" &er &a!" a!" orc(b$

/$ace" (t o! &(s crotc& area+ a!" /resse" &(s!)er a)a(!st &er /r(ate /art.  Jocelynthereafter tried at all cost to unloc( the car+s doorand told him categorically that she was gettingo* the car. !nstead he accelerated a bit more butsensing her insistence to get o*, he stopped thecar, and allowed her to get o*.

 Jocelyn de Leon then led with the !ntegrated "arof the Philippines -!"P a complaint fordisbarment or suspension from the practice of law against Atty. /yrone Pedreña.

!"P !n#estigating Commissioner recommended forhis disbarment, the !"P "oard of 0o#ernorshowe#er modied the penalty to three1monthsuspension from practice of law. 2pon 3otion foreconsideration by Atty. Pedreña which the "oarddenied, they increased the penalty to si4 months.

 /hereafter transmitted records and resolution tothe 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, Atty. Pedreña is guilty. /he 8upremeCourt adopted the ndings and conclusions of the!n#estigating Commissioner. 7et, the Courtconsider the recommended penalty of suspensionfor si4 months not commensurate with thegra#ity of the o*ensi#e acts committed.

0i#en the circumstances in which Atty. Pedreñacommitted them, his acts were not merelyo*ensi#e and undesirable but repulsi#e,disgraceful and grossly immoral. !n this regard, itbears stressing that (--ora$ co!"%ct (s )ross*&e! (t (s so corr%/t as to co!st(t%te acr(-(!a$ act, or so %!/r(!c(/$e" as to bere/re&e!s(b$e to a &()& "e)ree, or *&e!co--(tte" %!"er s%c& sca!"a$o%s orreo$t(!) c(rc%-sta!ces as to s&oc t&eco--%!(t's se!se o "ece!c.

 /herefore, the Court too( into consideration )udicial precedents on gross immoral conductbearing on se4ual matters. /he Court considerthe acts committed by Atty. Pedreña to be not of the same degree as the acts committed by therespondent lawyer in Calub v. Suller , among other

cases whereby the respondent lawyer wasdisbarred for ra/(!) &(s !e()&bor's *(e.2nli(e in Barrientos where there was "ece(t  andin 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 tosatiate his lust, but, instead, he desisted upon therst signs of the De Leon+s rm refusal to gi#e into his ad#ances.

!n #iew of these considerations, according to theCourt penalty of s%s/e!s(o! ro- t&e /ract(ceo $a* or t*o ears is tting and )ust.

A.C. No. 9401, October 22, 2013 JOCELYN DE LEON v. ATTY. TYRONEPEDRENA

Facts: Att. Tro!e Pe"re#a, a Public Attorneyof Parañaque City.  Joce$! De Leo!  is a singlemother of two minor children. Atty. Pedreña is thecounsel of Jocelyn De Leon on the case forsupport for the two minor children.

ecords show, as established by the !"P!n#estigating Commissioner, on January $%, &%%'after as(ing about the status of the case Atty.Pedreña told Jocelyn De Leon then to ride withhim and he would )ust drop Jocelyn by the

 )eepney station, she refused to ride with him butAtty. Pedreña persistently told her to get in thecar, and so she acceded to his request so as notto o*end him. !nside the car Att. Pe"re#ar%bbe" t&e Joce$!'s r()&t $e) *(t& &(s &a!"+tr(e" to (!sert &(s !)er (!to &er r-$c$ose" &a!"+ )rabbe" &er &a!" a!" orc(b$/$ace" (t o! &(s crotc& area+ a!" /resse" &(s!)er a)a(!st &er /r(ate /art.  Jocelynthereafter tried at all cost to unloc( the car+s doorand told him categorically that she was gettingo* the car. !nstead he accelerated a bit more butsensing her insistence to get o*, he stopped thecar, and allowed her to get o*.

 Jocelyn de Leon then led with the !ntegrated "arof the Philippines -!"P a complaint fordisbarment or suspension from the practice of law against Atty. /yrone Pedreña.

!"P !n#estigating Commissioner recommended forhis disbarment, the !"P "oard of 0o#ernorshowe#er modied the penalty to three1monthsuspension from practice of law. 2pon 3otion foreconsideration by Atty. Pedreña which the "oarddenied, they increased the penalty to si4 months.

 /hereafter transmitted records and resolution tothe 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, Atty. Pedreña is guilty. /he 8upremeCourt adopted the ndings and conclusions of the!n#estigating Commissioner. 7et, the Courtconsider the recommended penalty of suspensionfor si4 months not commensurate with thegra#ity of the o*ensi#e acts committed.

0i#en the circumstances in which Atty. Pedreñacommitted them, his acts were not merelyo*ensi#e and undesirable but repulsi#e,disgraceful and grossly immoral. !n this regard, it

8/19/2019 Canon 1 - De Leon v Pedrena DIGEST

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bears stressing that (--ora$ co!"%ct (s )ross*&e! (t (s so corr%/t as to co!st(t%te acr(-(!a$ act, or so %!/r(!c(/$e" as to bere/re&e!s(b$e to a &()& "e)ree, or *&e!co--(tte" %!"er s%c& sca!"a$o%s orreo$t(!) c(rc%-sta!ces as to s&oc t&eco--%!(t's se!se o "ece!c.

 /herefore, the Court too( into consideration )udicial precedents on gross immoral conductbearing on se4ual matters. /he Court considerthe acts committed by Atty. Pedreña to be not of the same degree as the acts committed by therespondent lawyer in Calub v. Suller , among other

cases whereby the respondent lawyer wasdisbarred for ra/(!) &(s !e()&bor's *(e.2nli(e in Barrientos where there was "ece(t  andin 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 tosatiate his lust, but, instead, he desisted upon therst signs of the De Leon+s rm refusal to gi#e into his ad#ances.

!n #iew of these considerations, according to theCourt penalty of s%s/e!s(o! ro- t&e /ract(ceo $a* or t*o ears is tting and )ust.