Title
De la Torre vs. Banares
Case
A.C. No. 1842
Decision Date
Aug 21, 1980
Dismissed security guard Amando L. de la Torre accuses lawyer Jerry D. Banares of negligence and failure to return case records, but the court dismisses the complaint after finding that Banares had finished presenting evidence, De la Torre was disrespectful, and Banares had informed De la Torre of his intention to withdraw as counsel.
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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

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