Case Digest (A.C. No. 1842)
Facts:
- Amando L. de la Torre, a dismissed security guard, filed a complaint against lawyer Jerry D. Banares.
- De la Torre accused Banares of negligence and failure to return the records of his labor case.
- Banares was assigned by the Legal Aid Program Committee of the Manila III Chapter of the Integrated Bar to provide legal assistance to De la Torre.
- Banares claimed that he was the fifth counsel of De la Torre, as his four predecessors had desisted from representing him.
- Banares stated that he had finished presenting evidence for De la Torre before the Labor Arbiter.
- De la Torre was disrespectful and did not follow Banares' advice.
- Banares informed De la Torre of his intention to withdraw as counsel.
- Banares was unable to return the case records because De la Torre did not comply with his request to appear in his office.
Issue:
- (Unlock)
Ruling:
- The court dismissed the complaint against Atty. Je...(Unlock)
Ratio:
- The court based its decision on the findings of the Solicitor General's investigation.
- The investigation revealed that Banares had finished presenting evidence for De la Torre before the Labor Arbiter.
- De la Torre was disrespectful and did not follow Banares' advice.
- Banares had informed De la Torre of his intention to withdraw as counsel.
- The court also considered the decision of the Labor Arbiter, w...continue reading
Case Digest (A.C. No. 1842)
Facts:
The case of De la Torre v. Banares involves a complaint filed by Amando L. de la Torre, a dismissed security guard, against lawyer Jerry D. Banares. De la Torre accused Banares of negligence and failure to return the records of his labor case. Banares, in his comments on the complaint, stated that he was the fifth counsel of De la Torre and that he had finished presenting evidence for him before the Labor Arbiter. Banares claimed that De la Torre was disrespectful and did not follow his advice, and that he had informed De la Torre of his intention to withdraw as counsel. Banares was unable to return the case records to De la Torre because the latter did not comply with his request to appear in his office.
The case was referred to the Solicitor General f...