Facts:

In the administrative case numbered 1604, complainant Guadalupe Adaza, who served as the governor of Zamboanga del Norte, lodged a complaint against respondent Roseller L. Barinaga. The complaint stemmed from Barinaga's handling of an appeal in the case "Adaza vs. Heirs of Pedro Carreon," which had case number CA-G.R. No. 38774-R. Barinaga, an attorney admitted to the bar in 1964, was representing Adaza and her co-plaintiffs in this matter. Following an adverse ruling from the Court of Appeals on October 30, 1975, Barinaga was required to file a motion for reconsideration within 45 days, which would bring the deadline to December 15, 1975. On December 13, Barinaga submitted the motion to his temporary clerk for mailing, but the clerk forgot to send it until December 17, resulting in a two-day delay. Consequently, the court did not entertain the delayed motion, and the decision against the Adazas became final and unappealable. The plaintiffs were subsequently inform

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Facts:

Background of the Case

• The case involves an administrative complaint filed by Guadalupe Adaza, a former governor of Zamboanga del Norte.
• Adaza initiated an appeal following an adverse decision by the Court of Appeals in which her legal remedies to reverse an unfavorable judgment were thwarted due to procedural lapse.

Filing of the Motion for Reconsideration

• Counsel for the appellants had a period of forty-five days, from October 30, 1975, up to December 15, 1975 (with December 14 being a Sunday), to file a motion for reconsideration of the adverse decision rendered by the Court of Appeals.
• Respondent, Roseller L. Barinaga—admitted to the bar in 1964—alleged that he submitted a five-page motion for reconsideration to his temporary clerk on the morning of Saturday, December 13, 1975, for the purpose of “arranging” and mailing it.
• The temporary clerk reportedly placed the motion in a drawer and forgot about it, resulting in the motion being mailed only on Wednesday, December 17, 1975—two days past the prescribed deadline.

Impact of the Late Filing

• The Court of Appeals refused to entertain the motion for reconsideration because it was filed beyond the allowed period.
• With the motion not considered, the adversarial decision became final and unappealable, leading to severe consequences for the Adazas.
• As a result of the final decision, the Adazas were compelled to give up litigated land and face substantial damages, significantly damaging their legal position.

The Administrative Complaint Against Barinaga

• On April 1, 1976, Guadalupe Adaza filed an administrative complaint against Barinaga, alleging gross misconduct for his negligence in failing to file the motion on time.
• Adaza also alleged a conflict of interest, noting that Barinaga was related, albeit indirectly, to the appellees in the case, which potentially compounded the misconduct.
• During the investigation by the Solicitor General’s Office, Adaza appeared with her lawyer but did not present any substantive evidence to support her allegations.
• Adaza’s lawyer stated that she would “forgive and forget” if Barinaga acknowledged his negligence, although she ultimately did not withdraw the complaint.

The Crux of the Controversy

• The primary dispute in the case revolves around whether credence can be given to Barinaga's assertion that his temporary clerk was responsible for the delay in filing, thus shifting the blame for the error.
• The case reflects a broader issue where lawyers, when faced with procedural lapses, may attempt to excuse their own negligence by blaming subordinate office personnel.

Issue:

• The main issue is whether the respondent lawyer’s explanation—that his temporary clerk was responsible for the delayed mailing of the motion for reconsideration—can be accepted as a valid and credible defense.
• A subsidiary issue involves the accountability of legal counsel in ensuring that procedural requirements, such as timely filing of pleadings and motions, are strictly observed, despite delegating tasks to subordinate staff.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)