A.C. No. 12017, October 14, 2020
Roger B. Dap-og, Complainant, vs. Atty. Luel C. Mendez, Respondent.

FACTS

Complainant Roger B. Dap-og accompanied his brother to a hearing at the DENR-CENRO office in Davao City on February 12, 2014, where his wife was a respondent in a land case. The protestants in that case were represented by respondent Atty. Luel C. Mendez. After the hearing, while Roger was at the CENRO canteen, Atty. Mendez approached him. According to Roger, after a brief exchange, Atty. Mendez suddenly called him a demon, stood up, and physically assaulted him by scratching his neck and slapping his face. Roger alleged that Atty. Mendez, aided by his client, pursued him, landed punches, and hurled invectives and death threats. Roger suffered injuries, including a right shoulder fracture, as confirmed by a medical certificate, and reported the incident to the police.
Atty. Mendez presented a conflicting version. He claimed he merely invited Roger to his table to discuss the case, which led to a heated argument after his client accused Roger of swindling. He admitted to an exchange of vindictive words but vehemently denied threatening or physically harming Roger. He asserted that the complaint was malicious.

ISSUE

Whether or not Atty. Mendez should be held administratively liable for his actions.

RULING

Yes, Atty. Mendez is administratively liable. The Supreme Court affirmed the findings and recommendation of the Integrated Bar of the Philippines (IBP) to suspend him from the practice of law for one year. The Court found the complainant’s version, supported by a medical certificate and a police blotter entry, more credible than the respondent’s bare denials. The established facts demonstrate that Atty. Mendez engaged in gross misconduct.
The legal logic is grounded on Section 27, Rule 138 of the Rules of Court and the Code of Professional Responsibility (CPR). A lawyer may be suspended for gross misconduct or any violation of the lawyer’s oath. Rule 1.01, Canon 1 of the CPR mandates that a lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct. By physically assaulting Roger Dap-og and using offensive language, Atty. Mendez committed acts of violence and vulgarity that constitute gross misconduct unbecoming of an officer of the court. Such behavior erodes public respect for the legal profession and violates the decorum and integrity required of every lawyer. The one-year suspension is commensurate with the gravity of the offense, as the respondent not only used invectives but also took the law into his own hands through physical assault, which is more egregious than the use of insulting language alone.