Case Digest (A.C. No. 5687)
Facts:
- Felix E. Edquibal filed a complaint against Atty. Roberto Ferrer, Jr. on January 8, 2002, alleging professional misconduct and neglect of duty.
- Edquibal hired Ferrer to assist his mother, Ursula Edquibal, in legal disputes over real property against his sister, Delia Edquibal-Garcia, in Masinloc, Zambales.
- Ferrer successfully represented Ursula in four out of five cases; however, he faced an unfavorable ruling in Civil Case No. RTC-1495-I.
- Ferrer advised Edquibal to appeal the decision, initially estimating the appeal cost at P4,000 but later accepting P2,000 due to Edquibal's financial constraints.
- In January 2001, Edquibal learned that the appeal (CA-G.R. CV No. 65019) was dismissed because Ferrer failed to file the required appellant's brief.
- Ferrer denied representing Edquibal's mother and claimed he did not receive any payment.
- The Integrated Bar of the Philippines (IBP) investigated and confirmed Ferrer was the counsel of record and failed to act diligently, resulting in the appeal's dismissal.
Issue:
- (Unlock)
Ruling:
- The Supreme Court found Atty. Roberto Ferrer, Jr. guilty of professional misconduct and neglect of duty.
- He was suspended from practicing law for three mon...(Unlock)
Ratio:
- Atty. Ferrer had a responsibility as counsel of record to file the appellant's brief and keep his client informed, which he neglected.
- His conduct violated Canons 17 and 18 of the Code of Professional Responsibility, which mandate lawyers to act diligently and maintain client trust.
- The Court highlighted that ...continue reading
Case Digest (A.C. No. 5687)
Facts:
The case "Edquibal v. Ferrer, Jr." centers around Felix E. Edquibal as the complainant and Atty. Roberto Ferrer, Jr. as the respondent. The events leading to the complaint began on January 8, 2002, when Edquibal filed a letter-complaint under oath against Ferrer for professional misconduct and neglect of duty. Edquibal had engaged Ferrer's legal services to assist his mother, Ursula Edquibal, in a series of legal disputes regarding real property against his sister, Delia Edquibal-Garcia, in Masinloc, Zambales. Ferrer successfully represented Ursula in four out of five cases, but in one particular case, Civil Case No. RTC-1495-I, the trial court issued an unfavorable ruling. Following this adverse decision, Ferrer advised Edquibal to appeal to the Court of Appeals, estimating the cost of the appeal at P4,000. When Edquibal expressed financial difficulties, Ferrer agreed to accept P2,000 for the appeal. However, when Edquibal followed up in January 2001, he learned that the appeal, docketed as CA-G.R. CV No. 65019, had been dismissed due to Ferrer's failure to file the necessary appellant's brief. In his defense, Ferrer denied having filed the appeal or receiving any payment, asserting that he had not agreed to represent Edquibal's mother. The Integrated Bar of the Philippines...