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Lawyer's Conduct Under Scrutiny

The document summarizes a case involving a tricycle driver, Dionnie Ricafort, who sideswiped the car of Atty. Rene O. Medina in 1999. Medina alighted from his car, shouted at Ricafort asking if he knew who Medina was, then slapped Ricafort. Ricafort filed a disbarment case against Medina. Medina denied slapping Ricafort. The court ruled that Medina should be held administratively liable for his actions, which violated rules against engaging in conduct that adversely reflects fitness to practice law or behaving in a scandalous manner. The court found that humiliating and slapping another in public disregards human dignity and confirms

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Crystal Kate Agot
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142 views1 page

Lawyer's Conduct Under Scrutiny

The document summarizes a case involving a tricycle driver, Dionnie Ricafort, who sideswiped the car of Atty. Rene O. Medina in 1999. Medina alighted from his car, shouted at Ricafort asking if he knew who Medina was, then slapped Ricafort. Ricafort filed a disbarment case against Medina. Medina denied slapping Ricafort. The court ruled that Medina should be held administratively liable for his actions, which violated rules against engaging in conduct that adversely reflects fitness to practice law or behaving in a scandalous manner. The court found that humiliating and slapping another in public disregards human dignity and confirms

Uploaded by

Crystal Kate Agot
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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May 31, 2016

A.C. No. 5179

DIONNIE RICAFORT, Complainant,
vs.
ATTY. RENE O. MEDINA, Respondent.

FACTS:

Sometime in 1999, Ricafort, a tricycle driver sideswiped the car owned and driven by Atty.
Medina who was also a board member. Atty. Medina immediately alighted from his car and
shouted at Ricafort saying: “Hindi mo ba ako kilala?”, then slapped the latter. Ricafort filed a
case for disbarment against Medina and in his answer to the complaint, the latter denied the
allegation that he slapped Ricafort. Four or five days after the traffic incident, respondent became
the subject of attacks on radio programs by the Provincial Governor's allies, accusing him of
slapping the tricycle driverMedina said that the filing of the case was instigated by the governor
of the province since he is associated with the political opponents of the governor. Medina added
that there was an amicable settlement in the barangay and he no longer claimed any indemnity
for the damage caused on his car. During the hearings, only Medina appeared but the
Commissioner assigned on the case still recommended that the former be held administratively
liable and be suspended for 30 days.

ISSUE: Whether respondent Atty. Rene O. Medina should be held administratively liable.

RULING:

YES

Canon 7, Rule 7.03 of the Code of Professional Responsibility provides:

Rule 7.03 - 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.

By itself, the act of humiliating another in public by slapping him or her on the face hints of a
character that disregards the human dignity of another. Respondent's question to complainant,
"Wa ka makaila sa ako?" ("Do you not know me?") confirms such character and his potential to
abuse the profession as a tool for bullying, harassment, and discrimination.

This 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.Good character is a
continuing qualification for lawyers. This Court has previously established that disciplinary
proceedings against lawyers are sui generis. They are neither civil nor criminal in nature. They
are not a determination of the parties' rights. Rather, they are pursued as a matter of public
interest and as a means to determine a lawyer's fitness to continue holding the privileges of being
a court officer

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