AC 5535; (August, 2003) (Digest)
G.R. No. A.C. No. 5535; August 28, 2003
Spouses Steven and Nora Whitson, Complainants, vs. Atty. Juanito C. Atienza, Respondent.
FACTS
Complainants Spouses Whitson filed a civil case for damages against Spouses Alcantara. The Alcantaras were represented by respondent Atty. Juanito Atienza. The dispute originated from a failed agreement where the Whitsons attempted to transfer a mortgaged vehicle to the Alcantaras, which led to demands for payment and the subsequent lawsuit.
During a court hearing on October 3, 2001, an incident occurred. Atty. Atienza, upon seeing the Whitsons, angrily confronted Steven Whitson, using profane language and shouting, “You, son of a bitch!” and “Fuck you! Tang-ina ka!” He pointed his finger and shoved Whitson. The confrontation escalated outside the courtroom. When Steven Whitson approached to apologize, Atty. Atienza punched him in the chest, causing a contusion. Atty. Atienza also filed a libel case against the Whitsons the same day over a settlement letter that called him “stupid,” leading to their brief detention.
ISSUE
Whether Atty. Juanito C. Atienza violated the Code of Professional Responsibility through his conduct.
RULING
Yes, Atty. Atienza is guilty of gross misconduct. The Supreme Court emphasized that a lawyer’s duty to uphold the dignity of the legal profession extends to all conduct, both professional and private. The act of physically assaulting a complainant during court proceedings, coupled with the use of violent and profane language, constitutes a clear transgression of established rules of professional decorum. Such behavior is willful, demonstrates wrongful intent, and is unbecoming of a member of the bar.
While the Court acknowledged the provocation from the Whitsons’ letter containing derogatory remarks, this did not justify Atty. Atienza’s violent retaliation. A lawyer is expected to exercise restraint and pursue grievances through proper legal channels, as he did by filing a separate libel case. His physical assault undermined the administration of justice and the respect due to judicial proceedings. The Integrated Bar of the Philippines recommended suspension. However, considering it was Atty. Atienza’s first offense and there was provocation, the Supreme Court modified the penalty. Atty. Juanito C. Atienza was fined One Thousand Pesos (P1,000.00) with a stern warning that a repetition would warrant a more severe sanction.