A.C. No. 922 - DECEMBER 1987 - PHILIPPINE JURISPRUDENCE CASE NUMBERCASE TITLE A.C. No. 922December 29, 1987In Re: Atty. Santiago F. Marcos G.R. No. L-33628December 29, 1987Bienvenido A. Ebarle vs Melquiades B. Sucaldito G.R. No. L-54580December 29, 1987Armco Steel Corporation vs Securities and Exchange Commission, et al. G.R. No. L-77008December 29, 1987Angelita Lopez vs Court of Appeals G.R. No. L-55312December 29, 1987Manuel L. Fernandez vs Grolier International, Inc. G.R. No. L-62955December 22, 1987Virgilio Ozoa vs Caridad Vda. De Madula, et al. G.R. No. L-70608December 22, 1987Allied Banking Corporation vs Ricardo C. Castro G.R. No. L-46935December 21, 1987Gregorio De Guzman, Jr. vs Court of Appeals G.R. No. L-48656December 21, 1987People of the Philippines vs Norman Amparado G.R. No. L-49250December 21, 1987Cresencia Almarza vs Asuncion Arguelles G.R. No. L-73918December 21, 1987Tong Brothers Company vs Intermediate Appellate Court G.R. No. L-74191December 21, 1987Insular Life Assurance Company, Ltd. vs National Labor Relations Commission, et al. G.R. No. L-74766December 21, 1987Domingo Vergara, Sr. vs Jose T. Suelto G.R. No. L-76710December 21, 1987Antonio Ong, Sr. vs Henry M. Parel G.R. No. L-33182December 18, 1987Pedro A. Felicen, Sr. vs Severino Orias, et al. G.R. No. L-41459December 18, 1987National Labor Union vs Secretary of Labor G.R. No. L-45898December 18, 1987Eufracia Mendoza vs Court of Appeals G.R. No. L-46401December 18, 1987Petra Vda. De Carcallas vs J. Valeriano Yancha G.R. No. L-52393December 18, 1987Abelardo Ibarra vs Faustino Ibarra,Sr. G.R. No. L-57424December 18, 1987Robidante L. Kabiling vs National Housing Authority G.R. No. L-58870December 18, 1987Cebu Institute of Technology vs Blas Ople, et al. G.R. No. L-70203December 18, 1987Salvio B. Fortuno vs J. Mericia B. Palma G.R. No. L-55074December 17, 1987Purificacion M. Maclan, et al. vs Mario L. Santos G.R. No. L-79974December 17, 1987Ulpiano P. Sarmiento III vs Salvador Mison G.R. Nos. L-80519-21December 17,1987Junie Evangelista Cua vs Commission on Elections G.R. No. L-29059December 15, 1987Commissioner of Internal Revenue vs Cebu Portland Cement Company A.M. No. UDK-7927December 14, 1987Louie L. Vargas vs Akai Philippines, Inc. G.R. No. L-29330December 14, 1987Filomena Arroyo Vda. De Buncio vs Anita De Leon G.R. No. L-40234December 14, 1987Marimperio Compañía Naviera vs Court of Appeals, et al. G.R. No. L-46058December 14, 1987Social Security System vs Court of Appeals G.R. No. L-48926December 14, 1987Manuel Sosito vs Aguinaldo Development Corporation G.R. No. L-53542December 14,1987People of the Philippines vs Bernabe Cirilo, Jr. G.R. No. L-62441December 14, 1987Bank of the Philippine Islands vs Benjamin Pineda G.R. No. L-70308December 14, 1987People of the Philippines vs Antonio S. Sonico G.R. No. L-72644December 14, 1987Alfredo F. Primero vs Intermediate Appellate Court G.R. No. L-73326December 14, 1987People of the Philippines vs Eleanor Dejucos G.R. No. L-74218December 14, 1987Manuela S. Catan vs National Labor Relations Commission G.R. No. L-74228December 14, 1987Federation of Democratic Trade Unions vs Pambansang Kilusan Ng Paggawa G.R. No. L-75294December 14, 1987People of the Philippines vs Rogelio Partulan G.R. Nos. L-75746-48December 14, 1987Oreshoot Mining Company vs Dioscora C. Arellano, et al. G.R. No. L-76787December 14, 1987Baylen Corporation vs Court of Appeals G.R. No. L-78382December 14, 1987Broadway Motors, Inc. vs National Labor Relations Commission G.R. No. L-46969December 11, 1987Bonifacia U. Pacarro vs Secretary of Labor G.R. No. L-47414December 11, 1987Eliodoro T. Iscala vs Republic of the Philippines, et al. G.R. No. L-60150December 11, 1987Rogelio R. Castillo vs Napolcom Adjudication Board G.R. Nos. L-66003-04December 11, 1987People of the Philippines vs Herberto A. Manzanilla G.R. No. L-75347December 11, 1987Ford Philippines Salaried Employees Association vs National Labor Relations Commission G.R. No. L-75837December 11, 1987Dominador Basaya, Jr. vs Francis Militante G.R. No. L-77760December 11, 1987Violeta S. Venturanza vs Court of Appeals G.R. No. L-77801December 11, 1987Rafael A. Reyes vs Jaime N. Ferrer G.R. No. L-78015December 11, 1987Malaysian Airline System Bernad vs Court of Appeals G.R. Nos. L-78911-25December 11, 1987Charmina B. Banal vs Tomas V. Tadeo, Jr. G.R. No. L-57387December 10, 1987University of the East vs University of the East Faculty Association G.R. Nos. L-67721-22December 10, 1987People of the Philippines vs Avelino Atencio G.R. No. L-76549December 10, 1987Catalina Roxas, et al. vs Court of Appeals G.R. No. L-79244December 10, 1987In Re: Mateo Ayllon Sr. Erlinda S. Ayllon vs Prima A. Sevilla, et al. G.R. No. L-47669December 7, 1987Marina D. Nartates vs Government Service Insurance System, et al. G.R. No. L-79484December 7, 1987Kant Kwong vs Presidential Commission on Good Government G.R. No. L-42965December 3,1987People of the Philippines vs Manuel Guardo G.R. No. L-45268December 3, 1987Isidoro Limquiaco Jr. vs J. Jose R. Ramolete G.R. No. L-58897December 3, 1987Luzon Stevedoring Corporation vs Court of Appeals G.R. No. L-73698December 3, 1987Spouses Juan P. Puertollano vs Intermediate Appellate Court G.R. No. L-74100December 3, 1987People of the Philippines vs Gentem Kintuan A.C. No. 1450December 2, 1987Eugenio Mago vs Atty. Eliseo Bote A.C. No. 3072December 2, 1987Tomas Batnag vs Atty. Octavio M. Banta G.R. No. L-40107December 2, 1987Gervacio D. Verceles vs Hon. Angel P. Bacani G.R. No. L-44339December 2, 1987Crisanta F. Seno, et al. vs Marcos Mangubat G.R. No. L-60559December 2, 1987People of the Philippines vs Benjamin M. Puzon G.R. No. L-78621December 2, 1987Samahang Manggagawa Ng Liberty Comm'l. Center vs Judge Oscar B. Pimentel G.R. No. L-49109December 1, 1987Santa Rosa Mining Company, Inc. vs Jose J. Leido, Jr. G.R. No. L-59783December 1, 1987Dominador R. Miranda vs Rodolfo A. Ortiz G.R. No. L-62157December 1, 1987Eulalio Mora Jr. vs Employees' Compensation Commission G.R. No. L-65216December 1, 1987Flerida Ovenson vs Employees' Compensation Commission G.R. No. L-65482December 1, 1987Jose Rizal College vs National Labor Relations Commission G.R. No. L-68409December 1, 1987People of the Philippines vs Roger B. Fernando G.R. No. L-72147December 1, 1987Wang Laboratories, Inc. vs Hon. Rafael T. Mendoza, et al. G.R. No. L-72694December 1, 1987Aurora Del Banco vs Intermediate Appellate Court G.R. No. L-73319December 1, 1987Enrique Antonio, et al. vs Conrado F. Estrella, et al. G.R. No. L-75782December 1, 1987Euro-Linea, Phils., Inc. vs National Labor Relations Commission G.R. No. L-75964December 1, 1987Development Bank of Rizal vs Court of Appeals G.R. No. L-79173December 1, 1987Rolando N. Abadilla vs Fidel V. Ramos The Lawphil Project - Arellano Law Foundation, Inc. In Re: Atty. Santiago F. MarcosBienvenido A. Ebarle vs Melquiades B. SucalditoArmco Steel Corporation vs Securities and Exchange Commission, et al.Angelita Lopez vs Court of AppealsManuel L. Fernandez vs Grolier International, Inc.Virgilio Ozoa vs Caridad Vda. De Madula, et al.Allied Banking Corporation vs Ricardo C. CastroGregorio De Guzman, Jr. vs Court of AppealsPeople of the Philippines vs Norman AmparadoCresencia Almarza vs Asuncion ArguellesTong Brothers Company vs Intermediate Appellate CourtInsular Life Assurance Company, Ltd. vs National Labor Relations Commission, et al.Domingo Vergara, Sr. vs Jose T. SueltoAntonio Ong, Sr. vs Henry M. ParelPedro A. Felicen, Sr. vs Severino Orias, et al.National Labor Union vs Secretary of LaborEufracia Mendoza vs Court of AppealsPetra Vda. De Carcallas vs J. Valeriano YanchaAbelardo Ibarra vs Faustino Ibarra,Sr.Robidante L. Kabiling vs National Housing AuthorityCebu Institute of Technology vs Blas Ople, et al.Salvio B. Fortuno vs J. Mericia B. PalmaPurificacion M. Maclan, et al. vs Mario L. SantosUlpiano P. Sarmiento III vs Salvador MisonJunie Evangelista Cua vs Commission on ElectionsCommissioner of Internal Revenue vs Cebu Portland Cement CompanyLouie L. Vargas vs Akai Philippines, Inc.Filomena Arroyo Vda. De Buncio vs Anita De LeonMarimperio Compañía Naviera vs Court of Appeals, et al.Social Security System vs Court of AppealsManuel Sosito vs Aguinaldo Development CorporationPeople of the Philippines vs Bernabe Cirilo, Jr.Bank of the Philippine Islands vs Benjamin PinedaPeople of the Philippines vs Antonio S. SonicoAlfredo F. Primero vs Intermediate Appellate CourtPeople of the Philippines vs Eleanor DejucosManuela S. Catan vs National Labor Relations CommissionFederation of Democratic Trade Unions vs Pambansang Kilusan Ng PaggawaPeople of the Philippines vs Rogelio PartulanOreshoot Mining Company vs Dioscora C. Arellano, et al.Baylen Corporation vs Court of AppealsBroadway Motors, Inc. vs National Labor Relations CommissionBonifacia U. Pacarro vs Secretary of LaborEliodoro T. Iscala vs Republic of the Philippines, et al.Rogelio R. Castillo vs Napolcom Adjudication BoardPeople of the Philippines vs Herberto A. ManzanillaFord Philippines Salaried Employees Association vs National Labor Relations CommissionDominador Basaya, Jr. vs Francis MilitanteVioleta S. Venturanza vs Court of AppealsRafael A. Reyes vs Jaime N. FerrerMalaysian Airline System Bernad vs Court of AppealsCharmina B. Banal vs Tomas V. Tadeo, Jr.University of the East vs University of the East Faculty AssociationPeople of the Philippines vs Avelino AtencioCatalina Roxas, et al. vs Court of AppealsIn Re: Mateo Ayllon Sr. Erlinda S. Ayllon vs Prima A. Sevilla, et al.Marina D. Nartates vs Government Service Insurance System, et al.Kant Kwong vs Presidential Commission on Good GovernmentPeople of the Philippines vs Manuel GuardoIsidoro Limquiaco Jr. vs J. Jose R. RamoleteLuzon Stevedoring Corporation vs Court of AppealsSpouses Juan P. Puertollano vs Intermediate Appellate CourtPeople of the Philippines vs Gentem KintuanEugenio Mago vs Atty. Eliseo BoteTomas Batnag vs Atty. Octavio M. BantaGervacio D. Verceles vs Hon. Angel P. BacaniCrisanta F. Seno, et al. vs Marcos MangubatPeople of the Philippines vs Benjamin M. PuzonSamahang Manggagawa Ng Liberty Comm'l. Center vs Judge Oscar B. PimentelSanta Rosa Mining Company, Inc. vs Jose J. Leido, Jr.Dominador R. Miranda vs Rodolfo A. OrtizEulalio Mora Jr. vs Employees' Compensation CommissionFlerida Ovenson vs Employees' Compensation CommissionJose Rizal College vs National Labor Relations CommissionPeople of the Philippines vs Roger B. FernandoWang Laboratories, Inc. vs Hon. Rafael T. Mendoza, et al.Aurora Del Banco vs Intermediate Appellate CourtEnrique Antonio, et al. vs Conrado F. Estrella, et al.Euro-Linea, Phils., Inc. vs National Labor Relations CommissionDevelopment Bank of Rizal vs Court of AppealsRolando N. Abadilla vs Fidel V. RamosThe Lawphil Project - Arellano Law Foundation, Inc.
Manila
FIRST DIVISION
Adm. Case No. 922 December 29, 1987
IN RE: ATTY. SANTIAGO F. MARCOS
PER CURIAM:
By resolution dated February 20, 1970 in CA-G.R. No. 08475-CR, People of the Philippines vs. Dominador Sibayan, the Court of Appeals referred to this Court, "for whatever disciplinary action it may deem proper to take against Atty. Santiago Marcos" what it found to be said lawyer's unjustified delay in filing brief for the accused-appellant Dominador Sibayan.
The resolution was predicated on the following factual premises:
(O)n October 9, 1968, notice to file brief was received by the appellant. As appellant did not file his brief, a similar noted dated January 15, 1969, was sent to Atty. Santiago F. Marcos, his counsel in the court below, but the same was returned to this Court with the notation "unclaimed". On March 6, 1969, this Court issued a resolution requiring the appellant to show cause, within 10 days from notice, why his appeal should not be dismissed. On March 27, 1969, the appellant filed a "Manifestation" praying that his appeal be not dismissed and that he be granted an extension of 30 days within which to file his brief. The request was granted in our resolution of April 14, 1969.
In the meantime, Atty. Santiago F. Marcos filed an "Appearance with Motion to Extend Time to File Brief" praying that he be granted an extension of at least 25 days from notice within which to file the appellant's brief. In our resolution of June 17, 1969, Atty. Marcos was granted "up to June 30, 1969 within which to file appellant's brief." A copy of said resolution was sent by ordinary mail to said counsel on June 21, 1969. No appellant's brief having been filed with the period granted, this Court, in its resolution of October 28, 1969, again required the appellant to show cause, within ten days from notice, why his appeal should not be dismissed.
In the "Explanation, etc." dated November 26, 1969, the appellant's counsel claim —
2. That accused-appellant's failure to file his brief aforestated is due to the fact that he was unaware of the resolution of this Honorable Court dated June 17, 1969, granting his motion for extension of time to file his said brief, and it was only upon his receipt of the resolution of this Court dated October 27, 1969, that he came to know that his motion for extension was granted;
3. That, moreover, due to the trouble caused to accused-appellant's undersigned counsel by the recent election, he being a political leader, not to mention any legal works which pre-occupied him, he failed to check from time to time the constant status of this case, particularly his last motion filed for extension, lest he be sure that he (has) not received by mail or personal delivery a copy of said resolution of this Honorable Court dated June 17, 1969, granting him (accused-appellant) extension of time to file brief; and accordingly, prays that the appeal be not dismissed and that he be given an extension of 25 "days from today" within which to file the appellant's brief. In another motion of December 20, 1969, the appellant's counsel again asked for an extension of 15 days from receipt of an order to that effect "within which to submit the appellant's brief." Up to this time, no appellant's brief has yet been filed. (pp. 2-4, Rollo)
Having found the proffered explanation for the 15-month delay in the filing of brief unsatisfactory, the Court of Appeals dismissed the appeal of Dominador Sibayan and, as aforestated, referred to this Court for appropriate action its charge against Sibayan's counsel of intentional delay in the termination of the case.
Required by this Court to answer the charge. Atty. Marcos stated that he "did not bother filing any brief for the (accused-appellant) ... because of the ... pleas and requests of accused-appellant himself and the latter's relatives, particularly one Mr. Benito Paas, the uncle of appellant D. Sibayan ... not to pursue anymore said appeal for fear that the decision of the lower court might be changed graver against Sibayan ..." He sought to substantiate these averments at the investigation conducted by the Office of the Solicitor General on this Court's instructions.
The Court finds respondent's defenses to be untenable. As correctly pointed out by the Solicitor General:
1. Respondent did not allege a similar defense in his Explanation dated November 26, 1969 to the Court of Appeals.ℒαwρhi৷Yet Benito Paas allegedly first requested respondent in November, 1969 to desist from pursuing the appeal of Dominador Sibayan. Respondent gave only two reasons to the said Court: that he was unaware of the Court's Resolution dated June 17, 1969 granting his motion for extension of time to file appellant's brief; and that he was then engrossed in the elections as he was a political leader. Both explanations were considered unsatisfactory by said Court.
2. If there was such request for desistance in pursuing the appeal in November and December. 1969, respondent could have then filed the appropriate pleading to such effect. He did not. His witness Benito Paas admitted that he has not seen any such pleading. Such explanation could perforce be an afterthought.
3. As earlier stated, respondent had been given full opportunity to present additional evidence, but he apparently opted not to adduce more.
An attorney is bound to protect his client's interest to the best of his ability and with the utmost diligence. (Del Rosario vs. Court of Appeals, 114 SCRA 159) A failure to file brief for his client certainly constitutes inexcusable negligence on his part. (People vs. Villar, 46 SCRA 107) The respondent has indeed committed a serious lapse in the duty owed by him to his client as well as to the Court not to delay litigation and to aid in the speedy administration of justice. (Canons 21 and 22, Canons of Professional Ethics; People vs. Daban, 43 SCRA 185; People vs. Estocada, 43 SCRA 515)
WHEREFORE,Atty. Santiago F. Marcos is severely reprimanded and suspended from the practice of law for three (3) months effective from date of his receipt hereof. He is further admonished to henceforth exercise greater care and diligence in the performance of his duties towards his clients and the court. This decision is immediately executory and no motion for extension of time to file a motion for reconsideration will be entertained. Let copies of this decision be attached to Atty. Marcos' personal record and circulated among the different courts.
SO ORDERED.
Teehankee, C.J., Narvasa, Cruz, Paras
Footnotes