Facts:

• Remigio Estebia was convicted of rape and sentenced to death by the Court of First Instance of Samar.
• His case was reviewed by the Supreme Court.
• Lope E. Adriano was appointed as Estebia's counsel de oficio on December 14, 1966.
• Adriano was required to file a brief within thirty days of receiving notice on December 20, 1966.
• He requested multiple extensions to file the brief:
  • 30 days on January 19, 1967
  • 20 days on February 18, 1967
  • 15 days on March 8, 1967
  • 15 days on March 27, 1967
  • 10 days on April 11, 1967
  • 5 days on April 21, 1967
• No brief was filed by the due date of April 26, 1967.
• On September 25, 1967, the Supreme Court ordered Adriano to show cause for his failure to file the brief.
• Adriano did not respond, leading to a fine of P500 on October 3, 1968.
• He ignored the warning and was ordered on December 5, 1968, to show cause for potential suspension.
• The order was served personally on December 18, 1968, but he failed to comply.
• Adriano had ample time to prepare the brief and made false representations about its progress.

Issue:

• (Unlock)

Ruling:

• Yes, Lope E. Adriano committed gross misconduct and violated his oath of office as an attorney by failing to file the appellant's brief.
• The Court ruled to susp...(Unlock)

Ratio:

• The Supreme Court emphasized that a counsel de oficio must provide diligent and effective representation, akin to that of a privately retained attorney.
• Adriano's repeated extension requests and failure to file the brief indicated a lack of commitment to his duties.
• The time given was more than sufficient for preparing the brief, and his claims about its progress were unsubstantiated.
• The Court underscored the importance of maintaining respect for the judicial system and the obligations ...continue reading