Facts:
Complainants
engaged in the legal services of respondent to handle a case in which they were
defendants seeking the declaration of nullity of title to a parcel of land in
Isabela. Respondent received P10,000 acceptance fee from them and handled the
trial of their case until RTC decided in their favor. Plaintiffs appeals to the
CA to which the respondent requested from the complainants an additional
P30,000 for the preparation and submission of their appellee’s brief in the CA.
The CA reversed the decision of the RTC but the respondent did not inform the
complainants. They had trouble communicating with respondent. When they finally
reached him, he requested for an additional P7,000 as fee for filing a motion
for reconsideration which he did not file. Complainants lost their property
measuring 8.479 hectares with a probable worth of P3,391,600.
Issue:
Whether or not the respondent may be suspended from the practice of law due to his gross misconduct.
Whether or not the respondent may be suspended from the practice of law due to his gross misconduct.
Held:
While complainants and respondent did not appear during the
mandatory conferences set by IBP, the IBP found that the respondent violated
Canon 18, Rules 18.03 of the Code. The Court agreed with the IBP’s findings
that respondent did not competently and diligently discharge his duties as the
lawyer of Ramiscals. The Court believes that the respondent violated the
Lawyer’s Oath which contravenes the Code of Professional Responsibility,
particularly Canon 17 and Rules 18.03 and 18.04 of Canon 18. He failed to
discharge his burdens to the best of his knowledge and discretion and with all
good fidelity to his clients and his unexplained disregard of the orders issued
to him by the IBP to comment and to appear in the administrative investigation
of his conduct revealed his irresponsibility and disrespect for the IBP.
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