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Undersecretary Nicholas Ty’s position is bolstered by strong legal and ethical grounds. By pointing out that the counter-affidavit was notarized without Guo’s physical presence, Ty highlights a violation of Rule 138, Section 3 of the Philippine Rules of Court, which governs the conduct of lawyers and requires them to adhere to the highest standards of honesty and diligence.
On the other hand, the defense mounted by Gana Atienza Avisado claims adherence to legal norms. Avisado’s statement that they filed a motion to allow Guo’s videoconference testimony suggests an effort to remain within legal bounds. The firm also highlights that they did not directly notarize the counter-affidavit, which they argue absolves them of direct wrongdoing. In Bello v. Office of the Bar Confidant, A.C. No.
• Pursue due process: While pursuing accountability, the DOJ should avoid creating the perception of a witch hunt. Ensuring that the lawyers have a fair chance to defend themselves will solidify the integrity of the case.• Reinforce legal standards: The firm should prioritize adherence to the highest ethical standards moving forward, ensuring that any future actions are beyond reproach.
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