G.R. No. 199480 - People vs. Valeriano

In 2002, Estrella Peralta-Diasen (complainant) engaged Atty. Oscar P. Paguinto (respondent) to file and prosecute cases against Nueva Villa Realty & Development Corporation for selling subdivision lots previously sold to others.
The cases were docketed as Civil Case Nos. TG-2471 and TG-2472 before Branch 18, Regional Trial Court of Tagaytay City.
Complainant paid P25,000.00 in acceptance fees and more than P81,000.00 in legal fees from November 2002 to December 2008.

In April 2008, complainant inquired about case status but received only vague assurances from respondent.
In June 2009, complainant's representative discovered that both cases were dismissed (TG-2471 in 2005 and TG-2472 in 2007) for failure to prosecute.

Complainant filed an administrative complaint against Atty. Paguinto for abandoning cases and violating trust.
Despite extensions granted, respondent failed to file a comment or respond to the complaint.
A fine of P1,000.00 was imposed but respondent still did not file any pleading.

The Court referred the case to the Integrated Bar of the Philippines (IBP) for investigation.
Commissioner Gilbert L. Macatangay found respondent administratively liable for gross negligence and recommended two-year suspension.
On July 11, 2020, the IBP Board of Governors modified the penalty to four-year suspension and a P15,000.00 fine for failure to file an answer and other procedural lapses.

The Court noted respondent's gross and inexcusable negligence resulting in the dismissal of cases due to failure to prosecute.
Atty. Paguinto failed to inform complainant of case developments and continued to receive legal fees after case dismissal.
Respondent has prior disciplinary violations including suspension in 2004 for misleading a client and in 2010 for multiple infractions involving conspiracy, filing baseless complaints, and non-compliance with court orders.

Respondent's repeated misconduct showed no reformation, constituting an aggravating circumstance.
The Court found respondent guilty of gross negligence and willful disobedience of court orders.
Penalties imposed include disbarment, striking off respondent’s name from the Roll of Attorneys, and a fine of P100,000.00.

Whether or not Atty. Oscar P. Paguinto committed gross negligence in the performance of his duties as a lawyer resulting in the dismissal of cases for failure to prosecute.

Whether or not Atty. Paguinto violated his duty to inform and apprise his client of material developments in the case.

Whether or not respondent willfully and deliberately disobeyed the Court's order by failing to file his comment or responsive pleading.

What is the appropriate disciplinary action to be imposed upon Atty. Paguinto given his repeated infractions and misconduct.