4/14/2021 E-Library - Information At Your Fingertips: Printer Friendly [x x x x] 20. Since the complaint affidavit was probably prepared by ROSELYN, a known DRUG ADDICT and a FRAUD x x x it thought not to be given any credence whatsoever and fm1hwith dismissed.[2] According to Roselyn, the defamatory remarks were not even relevant to the criminal case under investigation and apparently made to insult, dishonor, and humiliate her. She claimed that the remarks and conduct of Atty. Misa demonstrated lack of moral character, probity, and good behavior, in violation of his oath as a member of the bar and Section 20 (f), Rule 138 of the Rules of Court.[3] In his Answer,[4] Atty. Misa denied that he acted as a legal authority during the time and place alleged by Roselyn. He admitted pendency of the criminal case filed against them, but denied that the said case was valid and/or makes out a prima facie case. Atty. Misa likewise admitted the filing of the counter-affidavit, but denied that it is a proof to show that he allowed any hostile acts.[5] As for his allegation that Roselyn was a drug addict and a fraud, Atty. Misa countered that it was Roselyn's irrational behavior, "acting out" on the night in question, dousing fuel to fire, which drew attention to questions about what sort of person she is.[6] He denied allegations that questioned his integrity and fitness as a member of the law profession, because he claimed that however insulting, dishonoring, and humiliating the questioned allegations might have been, they were privileged, relevant, material, and "required by the justice of the cause with which [he was] charged." Lastly, he averred that Section 20 (f), Rule 138 referred to by Roselyn should be read in its entirety and in conjunction with Section 51 (a) (3) of Rule 130 of the Rules of the Court.[7] The Integrated Bar of the Philippines (IBP) Report and Recommendation Investigating Commissioner Suzette A. Mamon (Commissioner Mamon) agreed with Atty. Misa that the counter-affidavit and its contents can be categorized as a privileged communication. However, she ruled that the doctrine on privilege communication vis-avis the rule on libel or defamation is not absolute. She added that the pleading must yield to the rule on relevancy of the declarations or statements uttered or made relative to the subject matter or case in issue before the court or proceeding.[8] In this case, she found that the defamatory remarks stated in Atty. Joaquin's counter-affidavit was not even relevant and material to the criminal case of Malicious Mischief under investigation, but apparently made for the purpose of insulting, dishonoring, and humiliating Roselyn.[9] Thus, in her Report and Recommendation[10] dated October 21, 2014, Commissioner Mamon ruled that there was a reasonable ground to conclude that Atty. Misa committed transgressions of the rules and Canon of Professional Responsibility and recommended that Atty. Misa be reprimanded and/or admonished to refrain from employing language unbecoming of a member of the bar. [11] In its Resolution No. XXI-2015-132[12] dated January 31, 2015, the IBP Board of Governors resolved to adopt and approve with modification the report and recommendation of Commissioner Mamon, such that Atty. Misa be suspended from the https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65957 2/5