The Court of Appeals has denied the petition of celebrity dermatologist Joel Mendez for remedies in his conviction for rape and two counts of rape through sexual assault. 

In the decision of the 8th Division, the court dismissed the petition for certiorari filed by Mendez questioning the orders of the Mandaluyong City Regional Trial Court Branch 5-FC. 

Mendez, who was arrested in Cagayan de Oro in 2020 after his conviction, accused the RTC of grave abuse of discretion. 

Mendez was convicted by the RTC in absentia and argued before the CA that after changing lawyers, his new lawyer never informed him about the progress of his case despite repeated inquiries. 

The court ruled that the negligence of the counsel binds the client.

“Consequently, the mistake or negligence of counsel may result in the rendition of an unfavorable judgment against the client,” the court said in the decision penned by Associate Justice Jaime Fortunato Caringal.

The court however noted that while there are exceptions to the rule, the gross negligence of the counsel should not be accompanied by the client’s own negligence or malice.

“There is no doubt that petitioner had his day in court,” the court said.

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