Case Digest (A.C. No. 11863)
Case Digest (A.C. No. 11863)
Facts:
Evelyn M. Bratschi v. Atty. Robert Y. Peneyra, A.C. No. 11863, August 01, 2023, the Supreme Court En Banc, Per Curiam. Complainant Evelyn M. Bratschi sued respondent Atty. Robert Y. Peneyra before the Office of the Bar Confidant alleging grave misconduct and violations of the Code of Professional Responsibility and Accountability (CPRA) for repeated nonappearance, neglect, and abandonment in two related cases he was retained to handle.In 1998 Bratschi engaged Atty. Peneyra to defend her in a criminal case for falsification of a private document pending before RTC Branch 47, Puerto Princesa City, and paid him fees and bail funds. The RTC provisionally dismissed the complaint in 2001 but the case was later revived. From 2004 onward Atty. Peneyra repeatedly failed to appear: his absences led to a warrant of arrest against Bratschi, waiver of cross‑examination opportunities, admission of the prosecution’s exhibits for lack of opposition, and ultimately, on August 31, 2012, Bratschi’s conviction for falsification and a prison sentence.
Separately, Bratschi also retained Atty. Peneyra in a related civil action (cancellation of certificate of title) in RTC Branch 95. There, his frequent nonappearances and failures to cross‑examine or oppose the plaintiff’s formal offer of exhibits led the trial court to render an adverse decision on November 29, 2012, ordering cancellation of Bratschi’s Torrens title and enjoining her from selling the property.
Following these outcomes, Bratschi filed a Complaint‑Affidavit (Sept. 15, 2017) and a Verified Complaint (Feb. 5, 2018) with the Office of the Bar Confidant. On December 14, 2017, the Court referred the administrative matter to the Integrated Bar of the Philippines Commission on Bar Discipline (IBP‑CBD) for investigation. The IBP‑CBD ordered respondent to file an Answer; Atty. Peneyra did not comply and failed to appear at the mandatory conference, prompting the IBP‑CBD to issue a Report and Recommendation (July 22, 2022) finding violations of Rule 18.03, Canon 18 (Code of Professional Responsibility) and recommending one year suspension and fines for his disregard of IBP orders. The IBP Board of Governors adopted that recommendation on October 14, 2022. Atty. Peneyra did not seek reconsideration before the IBP Board.
On April 11, 2023 the Court promulgated the Code of Professional Responsibility and Accountability (CPRA), which took effect May 30, 2023 and contains a transitory provision applying the CPRA to pending cases. The Court then took up the administrative case and issued the present decision.
Issues:
- Does the CPRA apply to this administrative case filed before its effectivity?
- Did Atty. Robert Y. Peneyra commit gross negligence and abandon his client by repeatedly failing to appear, file necessary pleadings, and present evidence in the criminal and civil cases entrusted to him?
- If liable, what penalty is appropriate for his misconduct?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)