FACTS:

Spouses Darito P. Nocuenca and Lucille B. Nocuenca filed a complaint for disbarment against Atty. Alfredo T. Bensi before the Integrated Bar of the Philippines (IBP). Complainants alleged that Atty. Bensi assaulted them and filed a criminal case against them based on false allegations. The complaint originated from Civil Case No. 6143-L, wherein plaintiffs-restituto Bensi and Dominga F. Bensi sued Atty. Bensi and other defendants. The Regional Trial Court declared the plaintiffs as the lawful owners of a portion of the disputed lot, which serves as a site for a Catholic chapel. Complainants claimed that they inherited the said portion after the death of Lucille's parents. On June 5, 2013, complainants went to the chapel to post a sign but were assaulted by Atty. Bensi and his son. Complainants also discovered that the altar was torn down and religious articles were thrown out. Atty. Bensi filed a criminal case against the complainants, which was later dismissed. Complainants alleged that Atty. Bensi's actions violated the Code of Professional Responsibility and the Lawyer's Oath. Atty. Bensi claimed that the bigger portion of the disputed lot is owned by his late parents and had not been partitioned yet. He alleged that complainant Darito forcibly opened the padlocked gate of the chapel, leading to a confrontation where Lucille attacked him. Atty. Bensi's son struck Lucille with a plastic handle while Atty. Bensi was not hit by the rocks thrown by Darito. Complainants filed two counts of Slight Physical Injuries against Atty. Bensi, and Atty. Bensi filed a criminal case against them. After conducting a mandatory conference, the Investigating Commissioner recommended a 30-day suspension for Atty. Bensi. However, the IBP-Board of Governors reversed the recommendation and recommended the dismissal of the case.

ISSUES:

1. Did Atty. Bensi commit acts that violated Rule 1.01 and Rule 10.01 of the Code of Professional Responsibility (CPR) and the Lawyer's Oath?

2. Did Atty. Bensi commit acts of assault against the complainants?

RULING:

1. The Integrated Bar of the Philippines (IBP) Board of Governors reversed the findings of the Investigating Commissioner and recommended the dismissal of the case against Atty. Bensi. The IBP-BOG held that Atty. Bensi was in possession of the property and that the aggressive behavior of the complainant triggered the altercation.

PRINCIPLES:

• Lawyers must behave within the tenets of morality and good moral character, even if the crime committed is not classified as a crime involving moral turpitude.

• Lawyers should adhere to the provisions of the Lawyer's Oath and the Code of Professional Responsibility.