Facts:

• Josefina B. Fajardo is the complainant; Atty. Danilo Dela Torre is the respondent.
• The case originated from two civil cases:
  • Civil Case No. 581 for Forcible Entry (Felisa Imperial vs. Josefina Fajardo).
  • Civil Case No. 582 for Unlawful Detainer (Josefina Fajardo vs. Felisa Imperial).
• Both cases were consolidated and tried by the Municipal Trial Court of Ba-ao, Camarines Sur, which ruled in favor of Imperial.
• Atty. Dela Torre appealed the decision to the Regional Trial Court of Iriga City, which upheld the lower court's ruling.
• Fajardo instructed Dela Torre to file a petition for review with the Court of Appeals.
• Dela Torre demanded a fee of P4,300.00 for the petition, which Fajardo paid.
• The Court of Appeals dismissed the petition due to insufficient docket fees and lack of a certified true copy of the decision.
• Fajardo learned of the dismissal when Imperial filed a motion for a new trial.
• Fajardo filed a complaint against Dela Torre for gross ignorance of the law and negligence.
• The IBP Commission on Bar Discipline directed Dela Torre to respond, but he failed to do so.
• A hearing was held ex parte due to Dela Torre's absence, leading to findings of negligence.
• The IBP recommended a fine and suspension, which the IBP Board of Governors modified.
• The Supreme Court ultimately imposed a one-year suspension on Dela Torre.

Issue:

• (Unlock)

Ruling:

• Yes, Atty. Danilo Dela Torre committed gross ignorance of the law and negligence in his professional duties.
• The Supreme Court found the one-year suspension from the practice o...(Unlock)

Ratio:

• The Supreme Court highlighted that Dela Torre's failure to prepare and file the petition correctly constituted gross negligence.
• He did not ensure the correct payment of docket fees and failed to attach the required certified true copy of the decision.
• This negligence led to the dismissal of Fajardo's petition and...continue reading