Case Digest (A.C. No. 801)
Facts:
Cesario Adarne v. Atty. Damian V. Aldaba, A.C. No. 801, June 27, 1978, Supreme Court Second Division, Concepcion, Jr., J., writing for the Court. The administrative complaint arose from events in a forcible entry action originally filed in 1958 by Raymunda and Rufo Cumpio against Cesario Adarne and co-defendants before the Justice of the Peace of Alang-alang, Leyte (Civil Case No. 96). Atty. Isauro Marmita first represented the defendants; the JP dismissed for lack of jurisdiction and the plaintiffs appealed to the Court of First Instance of Leyte (Carigara Branch, Civil Case No. 556), which remanded for trial in the JP. After further proceedings the JP again dismissed and the plaintiffs appealed to the CFI where the case was docketed as Civil Case No. 632.At the August 7, 1961 hearing of CFI Civil Case No. 632, the complainant Adarne found his retained counsel absent and requested the respondent attorney, Atty. Damian V. Aldaba, who was present to attend an electoral matter, to appear and ask for a postponement; Aldaba entered a special appearance but instead moved for dismissal because the plaintiffs and their counsel were also absent, and the court granted the dismissal. The plaintiffs filed a motion for reconsideration; Aldaba filed an opposition for the defendants; the motion was denied; the plaintiffs appealed to the Court of Appeals, which set aside the dismissal and remanded the case.
At the October 23, 1964 proceeding before the Court of First Instance, Adarne again prevailed on respondent to enter a special appearance; Aldaba urged that defendants be permitted to file an action for quieting of title to be tried jointly with the forcible entry case. The CFI ordered Adarne to file a quieting action and deferred hearing. Subsequently, on June 17, 1965 the CFI declared the defendants in default for failure to appear at a scheduled hearing, and on September 17, 1965 it rendered judgment for the plaintiffs and issued a writ of execution.
Because of the adverse final judgment, Adarne filed on August 3, 1967 an administrative complaint for malpractice/disbarment against Atty. Aldaba, alleging gross negligence and failure to protect client interests. Aldaba denied any agreement beyond the two special appearances (August 7, 1961 and Octob...(Subscriber-Only)
Issues:
- Did the complainant prove by convincing evidence that Atty. Damian V. Aldaba committed misconduct or gross negligence warranting disbarment or suspension?
- Was the adverse judgment in the forcible entry case attributable to the respondent's c...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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