A.C. No. 9197 - Sta. Maria vs. Atayde, Jr.

Complainants Damaso Sta. Maria, Juanito Tapang, and Liberato Omania engaged Atty. Ricardo Atayde, Jr. as counsel in two consolidated civil cases pending before the Regional Trial Court (RTC) Branch 30, Cabanatuan City: Civil Case No. 5208 (petition for cancellation of titles and issuance of TRO/injunction) and Civil Case No. 5391 (accion publiciana).
The RTC ruled against the complainants in these cases, and the complainants filed an appeal with the Court of Appeals (CA).

The CA, by Notice dated May 24, 2010, directed the complainants/appellants to file the appeal brief within the prescribed period under Section 7, Rule 44 of the Rules of Court.
Complainants notified Atty. Atayde of this directive and gave him P2,000.00 for the filing of the appeal brief.
Atty. Atayde assured them the appeal brief would be filed by the July 15, 2010 deadline but failed to file it.
On October 26, 2010, the CA dismissed the appeal for failure to file the appeal brief, making the RTC decision final and executory.
No motion for reconsideration was filed by Atty. Atayde.

In his Comment dated December 29, 2011, Atty. Atayde asserted he intentionally did not file the appeal brief because he was informed by a client, Severino Pascual, that the parties had settled and that Damaso Sta. Maria had vacated the property peacefully.
He claimed he attempted to contact the complainants for their instructions but was unsuccessful and that the complainants also did not follow up with him.
He denied accepting the P2,000.00 and alleged that Damaso Sta. Maria tried to extort money from him to prevent filing an administrative case against him.

IBP Investigating Commissioner Romualdo A. Din, Jr., in his May 7, 2016 report, found Atty. Atayde guilty of violating Canon 18 and Rule 18.03 of the Code of Professional Responsibility (CPR).
The Commissioner held respondent’s failure to file the appeal brief as inexcusable negligence.
It was emphasized that respondent represented eight clients, and would have been remiss not to confirm settlement with all, as well as to ensure the settlement was documented and fair.
The Commissioner recommended a suspension from the practice of law for three months.

On June 17, 2017, the IBP Board of Governors adopted the Investigating Commissioner’s Report and Recommendation.

Whether respondent Atty. Ricardo Atayde, Jr. is liable for violation of Canon 18 and Rule 18.03 of the Code of Professional Responsibility for his failure to file the appeal brief.