G.R. No. 15635 - People vs Tandoc

On May 19, 1980, Eduardo L. Alcantara (complainant) engaged Atty. Samuel M. Salas (respondent) to file a civil action for specific performance with damages.
After losing in the trial court, Atty. Salas appealed to the Court of Appeals (CA) on April 26, 1990.
Between April 1990 and July 1992, Alcantara heard no updates from Atty. Salas.

In July 1992, Alcantara learned that his appeal was dismissed.
Upon inquiry, Alcantara found out that the CA issued a Resolution dated March 11, 1991, dismissing the appeal due to the non-filing of an appellant's brief despite notices.
Two notices to file the brief were sent but both were returned unclaimed because Atty. Salas had moved from his last registered address.

Alcantara informed Atty. Salas of the dismissal.
Atty. Salas blamed Alcantara for failing to check the case status and losing communication.
Alcantara denied this, pointing out that on November 5, 1991, Atty. Salas sent a messenger to claim a P5,000.00 check, indicating communication was still ongoing.
Alcantara engaged a new lawyer to pursue the case to the Supreme Court, which rendered a final unfavorable decision.
Alcantara filed an administrative complaint against Atty. Salas for gross negligence.

Atty. Salas contended that the CA should have sent all notices to his current residential address as recorded in consolidated cases.
He admitted failing to notify the CA of his change of address in the third case involved.

The Court referred the matter to the Integrated Bar of the Philippines (IBP) on August 25, 1993.
On July 28, 1994, the IBP held a hearing where the parties agreed the issue was whether Atty. Salas was grossly negligent in failing to file the appellant’s brief.
The IBP Investigating Commissioner recommended suspension for four months for violation of Rule 12.03 of the Code of Professional Responsibility (CPR).
On February 13, 2013, the IBP Board of Governors suspended Atty. Salas for two months.
On March 22, 2014, upon reconsideration, the IBP Board increased the suspension to two years.

Atty. Salas admitted before the IBP hearing and in his memoranda that he failed to file the appellant's brief.
He acknowledged failing to serve notice of his change in mailing address to the CA.
Although brief filing in three cases was at issue, he argued that matters had already been elevated to the Supreme Court by November 1991, and that he had given his new address in pleadings later on.
The CA also sent notices to Alcantara at his last known address, but Alcantara had moved without giving a forwarding address.

Whether or not Atty. Samuel M. Salas committed gross negligence in failing to file the appellant’s brief in the Court of Appeals.