Republic of the Philippines..

)
Cebu City..) S.S.

COMPLAINT- AFFIDAVIT
I, ATTY. CELEDONIO S. MANUBAG, Jr, J.D., Filipino, of legal age, single, with residence and postal address at Poblacion, Cebu
City and an member of the Integrated Bar of the Philippines, hereby files this administrative complaint for violations of Canon 12,
Canon 12.07, Canon 8, and Canon 8.01 of the Integrated Bar of the Philippines Code of Professional Responsibility against Atty.
Walsh.
The complaint has four allegations discussed as follows:
1.

against Atty. Walsh for violated Canon 12 which provides a lawyer shall exert every effort and consider it
his duty to assist in the speedy and efficient administration of justice.
He deliberately misled the court for a mistrial in order to save their case that causes to extend the duration of the
proceeding which is unethical and immoral in character. Possible penalties shall include suspension, unable to appear in
court for a specific period of time and disbarment.

2.

Atty. Walsh for violated Canon 12.07 which provides a lawyer shall not abuse, browbeat or harass a
witness nor needlessly inconvenience him.
Atty. Walsh threatened the opposing witness when the witness changed his testimony. What Atty. Walsh did was unethical
and can cause the whole case into a catastrophic end. The penalties can be imposed regarding this particular violation
includes suspension, unable to appear in court for a specific period of time and disbarment.

3.

Atty. Walsh for violated Canon 8 which provides a lawyer shall conduct himself with courtesy, fairness
and candor toward his professional colleagues, and shall avoid harassing tactics against opposing
counsel.
Atty. Walsh instructed their witness to tell lies and conceal the truth in order to save their case. Atty. Walsh also stated that
he will take a big part in this case because there is a something personal between Michael McIntyre and Atty. Walsh in the
previous case he handled. Therefore, it is clear that he will do anything to win the case no matter how unethical or immoral
it is. Possible penalties that can be imposed to Atty. Walsh if proven guilty will include suspension, unable to attend or
appear in court for a specific period of time and disbarment.

4.

Atty. Walsh for violated canon 8.01 a lawyer shall not, in his professional dealings, use languages which
is abusive, offensive or otherwise improper.
Atty. Walsh have crossed the line when he lost his cool after the judge has given his final decision in the case. He uttered
some abusive words that shouldnt have said. Abusive and Offensive language has no place in pleadings, therefore, it is
disrespectful and contemptuous which means unethical and immoral in character. Atty. Walsh is subjected to the following
penalties if proven guilty: Suspension, unable to appear in any court for a specific period of time and disbarment.

PRAYER
In view of the foregoing, it is respectfully prayed that:
1.

The said respondent be immediately given the appropriate disciplinary action which this tribunal finds to be fair and just.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 7th day of January 2016 at Cebu City, Philippines.
ATTY. CELEDONIO S. MANUBAG, Jr, J.D.
Affiant
SUBSCRIBED AND SWORN to before me this 9th day of July 2012 at Quezon City, Philippines. Affiant exhibited to me his Drivers
License bearing number 3-90-102197 containing his picture and signature as competent evidence of his person.

ADMINISTERING OFFICER
VERIFICATION AND CERTIFICATION OF
NON-FORUM SHOPPING
I, CELEDONIO S. MANUBAG, Jr., of legal age, a resident of Poblacion, Cebu City after having been duly sworn in accordance with
law, depose and state that:
1. I am a Complainant in the following cases:
A. Administrative complaint for violations of Canon 12, Canon 12.07, Canon 8, and Canon 8.01 of the Integrated Bar of the
Philippines Code of Professional Responsibility against Atty. Walsh.
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and/or on the basis of
copies of documents and records in my possession;
4. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or
any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or
any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of
Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days there from to this tribunal.

ATTY. CELEDONIO S. MANUBAG, J.D.

Affiant

SUBSCRIBED AND SWORN to before me this 7th day of January 2016 at Quezon City affiant exhibiting to me his Drivers License
bearing number 3-90-102197 to expire on May 11, 2014 containing his picture and signature as competent evidence of his person.
NOTARY PUBLIC
Doc. No._____ ;
Page No. ____ ;
Book No._____ ;
Series of 2012.
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REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT
City of Cebu
Branch 1
CIVIL CASE NO. 12345

MANUBAG Jr., CELEDONIO S.

Petitioner
-versusATTY.

WALSH
Defendant.

x--------------------------------------------x
ANSWER
COMES NOW, the defendant, through the undersigned counsel and unto this Honorable Court, most respectfully avers:
1

Allegation number one and three on violation of Canon 12 and Canon 8 is not likely to be subjected to Atty.
Walsh for lack of substantial evidence
Ms. Gamble, her partner, was unsure of the contents of the discussion between Detective Simmons. To speculate on
what instructions were given is inadmissible because it is an opinion. Another thing to consider is that Ms. Gamble
did not ask her witness about the details of their consideration, so she did not do her part as a partner counsel. In
fact, Ms. Gamble, though saying that she has concerns, did no act whatsoever to prove to the court that she was
interested in making sure that the witness is well-prepared. Had she done her part, she would have known of what
were the instructions. Hence, the defendant reserves the right to be given the benefit of the doubt.
Another thing to consider was that the witness from Florida could make it to the trial but Ms. Gamble was too
negative about it, her demeanor on the subject matter being the biggest proof that she was negative about the witness
making it to court. In her opinion, it was unlikely possible. My defendant on the other hand knew that the plane
could arrive on time for her preparations and testimony. If the aim was to delay, then Atty. Walsh shouldnt have
settled for the scheduling of the case on that day but rather file a motion to hear the case some other day for the
absence of the witness.
2

Allegation number two, on the violation of Canon 12.07, is a baseless accusation.

There was no intent and overt act that constitute threatening or browbeating. My defendant did not do anything in
court after witness, Mr. Rossi, changed his testimony. In fact, he remained calm and quiet. But assuming, in
arguendo, that the act was done outside the court, there was no proof that he has done acts considered to be
threatening or browbeating. My defendant should be given the benefit of the doubt.
3

To inform the Judge of counsels right to raise the issue on appeal is not constituting of abusive,
offensive or improper conduct.
To constitute such, the language must be discriminative or with intent to degrade or under-estimate the Judge. Legal
basis to this is the case of Torres vs Javier, AC No. 5910, wherein Atty. Javier was suspended from the practice of law
after having used diminutive words like dim-witted, He lies from his teeth, Atty. Torres is a lawyer, but what law
books is he reading which all shows an intent to bolster down the esteem or humiliate his colleague. Clearly, the
language of my client was free from such, and thus, the allegation is false. Defendant only informed the Judge ads
well as express his intention to raise this issue on appeal his right to freedom of Speech which is protected by the
Constitution and which he exercised properly.
WHEREFORE, the defendant respectfully prays that the complaint be dismissed with costs against the plaintiff.
Other relief and remedies as may be deemed just and equitable under the premises are likewise prayed for.

City of Cebu, January 15, 2016

SAAVEDRA AND ASSOCIATES LAW OFFICE

Counsel for the Defendant
RM 404 City Suites
Cebu City
By:
STEPHEN LEVIE NINO SAAVEDRA
Roll No. 98765
IBP No, 12345/1-3-2012/Cebu
PTR No. 34567/1-3-2012/Cebu

Copy furnished:
ATTY. CELEDONIO S. MANUBAG, Jr.
Plaintiff
Unit 202 GV Towers
Poblacion, Cebu City
EXPLANATION
Copy of the foregoing ANSWER was served to plaintiffs counsel by registered mail due to time and distance constraints and for
lack of the undersigneds staff who can serve the same in person.
STEPHEN LEVIE NINO SAAVEDRA