Case Digest (A.C. No. 12875)
Facts:
Prudencio B. Portuguese, Jr. v. Atty. Jerry R. Centro, A.C. No. 12875, January 26, 2021, the Supreme Court En Banc, Hernando, J., writing for the Court.
Complainant Prudencio B. Portuguese, Jr. engaged respondent Atty. Jerry R. Centro as counsel in Civil Case No. 7177 before the Regional Trial Court, Branch 32, Surigao City (captioned Gloria V. Libarnes v. Prudencio Portugues). Atty. Centro drafted and filed an Answer for Portuguese. At the close of proceedings the parties were required to file memoranda; Portuguese repeatedly followed up and was told by Atty. Centro that the memorandum had been filed.
On January 25, 2018 Portuguese and his family were served with a sheriff’s notice to comply with a Writ of Execution, which was the first time Portuguese learned that a judgment had been rendered against him. Portuguese averred that Atty. Centro had received a copy of the RTC’s July 10, 2017 Decision on August 10, 2017 yet never informed him, never filed an appeal or any pleading to question the Decision, and in fact did not file the memorandum he had represented was filed. Portuguese further alleged that Atty. Centro failed to contest the Motion for Execution, failed to notify him of the execution hearing or the court’s resolution granting execution, and upon confrontation declared he was “giving up the case for good.”
The Integrated Bar of the Philippines (IBP) Investigating Commissioner Jose Alfonso M. Gomos issued a Report and Recommendation dated April 29, 2019, finding Atty. Centro guilty of negligence, abandonment, and breaches of the Code of Professional Responsibility (CPR) — specifically Rule 12.03, Rule 18.03, Rule 18.04, and Canon 11 — and recommending a three-year suspension from the practice of law. The IBP Board of Governors adopted the Investigating Commissioner’s findin...(Subscriber-Only)
Issues:
- Did Atty. Jerry R. Centro commit professional misconduct — namely negligence, abandonment, dereliction of duty, and violations of the Lawyer’s Oath and the Code of Professional Responsibility?
- If guilty, is suspension from the practice of law for three (3) years an appropriate ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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