Title
Anastacio-Briones vs. Zapanta
Case
A.C. No. 6266
Decision Date
Nov 16, 2006
Client engaged lawyer for land cases; lawyer failed to attend hearing, neglected court orders, withdrew without notice, leading to case dismissal. Found guilty of negligence, suspended for three months.
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Case Digest (A.C. No. 6266)

Facts:

  1. Engagement of Legal Services:

    • Complainant Estela Anastacio-Briones engaged the services of respondent Atty. Alfredo A. Zapanta to file three civil cases involving a parcel of land in Antipolo City. The cases were consolidated before the Regional Trial Court (RTC) of Antipolo City, Branch 73.
  2. Discharge and Appearance of Counsels:

    • On October 25, 2002, complainant informed respondent of her intention to file a "Discharge and Appearance of Counsels with Ex-parte Motion to Cancel the October 25, 2002 Hearing" due to a joint venture agreement with a real estate developer who offered its own counsel. Respondent requested her not to file the motion and promised to submit a withdrawal of appearance instead.
  3. Failure to Attend Hearing:

    • Complainant informed respondent that she could not attend the January 6, 2003 hearing due to other commitments. Respondent assured her that he would attend. However, both complainant and respondent failed to appear on the scheduled hearing date.
  4. Court Order and Respondent’s Inaction:

    • The trial court declared that they waived their right to present further witnesses and directed them to file a formal offer of evidence within ten days from notice. Respondent received the court’s order on January 24, 2003, but failed to act on it within the prescribed period.
  5. Withdrawal of Appearance and Dismissal of Case:

    • Instead of filing a formal offer of evidence, respondent filed a withdrawal of appearance on March 5, 2003. On March 10, 2003, the trial court dismissed the case with prejudice.
  6. Complainant’s Discovery of Dismissal:

    • On May 5, 2003, complainant learned that the cases were dismissed and that respondent had not attended the January 6, 2003 hearing or filed the required formal offer of evidence.
  7. Respondent’s Defense:

    • Respondent claimed that he was discharged as counsel after the October 25, 2002 hearing and had prepared a withdrawal of appearance on October 30, 2002, but complainant refused to sign it. He also denied promising to attend the January 6, 2003 hearing, stating that complainant informed his secretary that her new lawyer would attend.

Issue:

  1. Whether respondent Atty. Alfredo A. Zapanta was negligent in handling complainant’s case.
  2. Whether respondent violated the Code of Professional Responsibility, particularly Canon 18, Rules 18.03, and 18.04.
  3. Whether respondent’s withdrawal of appearance without complainant’s knowledge and conformity was proper.
  4. Whether respondent’s failure to attend the January 6, 2003 hearing and comply with the court’s order constitutes inexcusable negligence.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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