Donnie Ricafort v. Atty. Rene Medina such.
Hence, in the exercise of its disciplinary powers, the
May 31, 2016, AC No. 5179 Court merely calls upon a member of the Bar to account
for his actuations as an officer of the Court with the end
FACTS: in view of preserving the purity of the legal profession
and the proper and honest administration of justice by
Complainant alleged that his tricycle sideswiped purging the profession of members who by their
respondent's car. Respondent alighted from his car and misconduct have proved themselves no longer worthy to
confronted complainant. Respondent allegedly snapped at be entrusted with the duties and responsibilities pertaining
complainant, saying: "Wa ka makaila sa aka?" ("Do you to the office of an attorney. Hence, complainant's absence
not know me?") Respondent proceeded to slap during the hearings before the Integrated Bar of the
complainant. Philippines is not a bar against a finding of administrative
liability.
Complainant filed a complaint attached were his
Affidavit, Manuel Cuizon's Affidavit a traffic aide, and a DISPOSITIVE PORTION:
letter signed by Mayor Arlencita E. Navarro, League of
Mayors President of Surigao del Norte Chapter. Mayor WHEREFORE, the findings of fact of the Integrated Bar
Navarro stated that respondent slapped complainant and of the Philippines are ADOPTED and APPROVED.
caused him great humiliation. Thus, respondent should Respondent Atty. Rene O. Medina is found to have
be administratively penalized for his gross misconduct violated Canon 7, Rule 7.03 of the Code of Professional
and abuse of authority Responsibility, and is SUSPENDED from the practice of
law for three (3) months.
Respondent denied slapping complainant. The court
referred the case to the Integrated Bar of the Philippines Let copies of this Resolution be attached to the personal
for investigation, report, and recommendation. Only records of respondent as attorney, and be furnished to the
respondent appeared in the Mandatory Conference set by Office of the Bar Confidant, the Integrated Bar of the
the Integrated Bar of the Philippines. Thus the Philippines, and the Office of the Court Administrator for
commission proceeded ex parte. Commissioner De La proper dissemination to all courts throughout the country.
Rama recommended the penalty of suspension from the
practice of law for 60 days from notice for misconduct SO ORDERED.
and violation of Canon 7, Rule 7 .03 of the Code of
Professional Responsibility, for behaving in an
scandalous manner that tends to discredit the legal
profession.
ISSUE: Whether or not Atty. Medina violated Canon 7 of
the Code of Professional Responsibility
RULING:
The court resolved to adopt and approve with
modification of 30 days suspension instead of 60 days.
Canon 7, Rule 7.03 of the Code of Professional
Responsibility:
A lawyer shall not engage in conduct that adversely
reflects on his fitness to practice law, nor shall he
whether in public or private life, behave in a scandalous
manner to the discredit of the legal profession.
The arrogance is intolerable. It discredits the legal
profession by perpetuating a stereotype that is
unreflective of the nobility of the profession. As officers
of the court and of the law, lawyers are granted the
privilege to serve the public, not to bully them to
submission. Public interest is its primary objective, and
the real question for determination is whether or not the
attorney is still a fit person to be allowed the privileges as
