Case Digest (A.C. No. 12875)
Facts:
The case involves a complaint filed by Prudencio B. Portuguese, Jr. (the complainant) against Atty. Jerry R. Centro (the respondent) for gross negligence, abandonment, and dereliction of duty. The events leading to the complaint began when Atty. Centro represented Portuguese in Civil Case No. 7177, which was pending before the Regional Trial Court (RTC), Branch 32 of Surigao City. Atty. Centro was responsible for drafting and filing the Answer to the complaint in this civil case. After the proceedings concluded, the parties were required to submit their memoranda. Despite several follow-ups by Portuguese, Atty. Centro assured him that the memorandum had been filed. However, on January 25, 2018, Portuguese was unexpectedly served with a Notice from a sheriff, demanding compliance with a Writ of Execution related to the civil case. This was the first time Portuguese learned of a judgment rendered against him by the RTC on July 10, 2017, which Atty. Centro had received on August...
Case Digest (A.C. No. 12875)
Facts:
Background of the Case:
- Complainant Prudencio B. Portuguese, Jr. (Portuguese) engaged Atty. Jerry R. Centro (Atty. Centro) as his counsel in Civil Case No. 7177, pending before the Regional Trial Court (RTC), Branch 32 of Surigao City.
- Atty. Centro drafted and filed the Answer to the Complaint in the civil case.
Failure to File Memorandum:
- The parties were required to file their memoranda at the termination of the proceedings.
- Portuguese followed up several times, and Atty. Centro assured him that the memorandum had been filed.
- On January 25, 2018, Portuguese was served a Notice of Writ of Execution, which was the first time he learned of the RTC's adverse judgment in the case.
Negligence and Misrepresentation:
- Atty. Centro received the RTC's July 10, 2017 Decision on August 10, 2017, but failed to inform Portuguese about it.
- Atty. Centro did not file any pleading to appeal or contest the RTC's Decision.
- Portuguese discovered that Atty. Centro had not filed the memorandum as claimed.
- Atty. Centro also failed to:
- Contest the Motion for Execution.
- Notify Portuguese of the hearing on the Motion for Execution.
- Inform Portuguese about the trial court's resolution granting the Motion for Execution.
Other Administrative Charges:
- Atty. Centro was facing other administrative charges, including A.C. No. 11421 ("Emilie A. Lao v. Atty. Jerry R. Centro") and another case filed by his spouse.
Issue:
- (Unlock)
Ruling:
- (Unlock)
Ratio:
Violation of the Lawyer's Oath and CPR:
- Atty. Centro violated Canon 11 (respect for courts and judicial officers), Rule 12.03 (failure to file pleadings or offer explanations), Canon 17 (fidelity to the client's cause), Canon 18 (competence and diligence), Rule 18.03 (neglect of a legal matter), and Rule 18.04 (failure to keep the client informed).
- His actions demonstrated gross negligence, abandonment of duty, and a lack of respect for the legal process.
Duty to Inform and Protect the Client:
- Lawyers are obligated to keep clients informed of the status of their cases and to act with diligence and competence.
- Atty. Centro's failure to inform Portuguese of critical developments in the case deprived him of the opportunity to seek remedies or appellate review.
Disciplinary Action:
- The Court emphasized that the practice of law is a privilege burdened with conditions, and lawyers must maintain the integrity and dignity of the profession.
- Atty. Centro's indifference to lawful orders and established processes, as well as his disregard for his client's interests, warranted a three-year suspension.
Penalty:
- The three-year suspension was deemed appropriate given the gravity of Atty. Centro's negligence and the damage caused to Portuguese.
- Atty. Centro was warned that a repetition of similar acts would result in more severe penalties.