Case Digest (A.C. No. 11482) Core Legal Reasoning
Core Legal Reasoning
Facts:
In March 2014, Jocelyn Ignacio engaged Atty. Daniel T. Alviar to represent her son, who had been detained by the Philippine Drug Enforcement Agency in Quezon City, for a stipulated acceptance fee of ₱100,000. The complainant paid an initial ₱20,000 and ₱30,000; respondent visited her son once for about twenty minutes, obtained plain copies of the case records from the Pasay City Prosecutor’s Office, and verified twice at the Hall of Justice whether the criminal case had been filed. Thereafter, respondent collected the remaining ₱50,000 and filed a notice of appearance. When informed of the arraignment set on April 29, 2014, respondent failed to appear, claiming he forgot the date and citing a scheduling conflict, and he did not send a substitute counsel. Complainant sent letters on April 26 and May 6, 2014, requesting respondent’s withdrawal and refund of the unearned portion of the acceptance fee; respondent denied receipt of these letters. On June 16, 2014, complainant filed a Case Digest (A.C. No. 11482) Expanded Legal Reasoning
Expanded Legal Reasoning
Facts:
- Referral and Engagement
- In March 2014, respondent Atty. Daniel T. Alviar was referred to complainant Jocelyn Ignacio to represent her son, who was detained by the PDEA in Quezon City, for an acceptance fee of ₱100,000 and purported CHR intervention.
- Complainant paid ₱20,000 and then ₱30,000 as initial installments; respondent conferred once for 20 minutes, then procured plain copies of the case records from the Pasay City Prosecutor and verified the filing status twice at the Hall of Justice.
- Completion of Engagement Tasks and Full Payment
- Respondent requested and received the remaining ₱50,000, thereafter filing his notice of appearance as counsel.
- He performed no further substantive work aside from the tasks above.
- Failure to Appear and Correspondence
- An arraignment was set for April 29, 2014; respondent said he could not attend due to a prior hearing and promised to send another lawyer.
- On April 26, complainant wrote requesting to engage new counsel and asked that respondent retain only a portion of the fee for services rendered; respondent denied receipt.
- On the arraignment date, neither respondent nor substitute appeared; respondent later claimed he “forgot the date.”
- On May 6, complainant formally demanded his withdrawal as counsel and reiterated her request for partial refund; respondent did not respond.
- Administrative Proceedings
- On June 16, 2014, complainant filed an administrative complaint before the IBP Commission on Bar Discipline; respondent failed to attend conferences and file pleadings, citing life‐threats from a former client.
- He eventually submitted an Answer denying negligence. The Investigating Commissioner found him liable for negligence (Rule 18.03 CPR) and recommended six months’ suspension plus full restitution of ₱100,000. The IBP Board of Governors modified the penalty to a reprimand with stern warning. Records were transmitted to the Supreme Court for final action.
Issues:
- Whether respondent is guilty of negligence in handling the case of complainant’s son.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)