Case Summary (A.C. No. 5809)

Motion for Reconsideration

• Respondent Atty. Ponciano V. Cruz, Jr. filed a Motion for Reconsideration regarding the Court's Decision dated February 23, 2004.
• The original decision imposed a six-month suspension from the practice of law, accompanied by a warning regarding future offenses.
• The decision mandated that a copy be provided to the Integrated Bar of the Philippines, all courts in the Philippines, and entered into Atty. Cruz's personal records.

Non-Appearance at Hearings

• Respondent failed to appear at two scheduled hearings in a Securities and Exchange Commission (SEC) case, having previously caused the cancellation and rescheduling of eight hearings.
• For the October 28, 1998 hearing, Atty. Cruz claimed he was preparing for a potential international conference, believing he would be part of the delegation.
• For the March 4, 1999 hearing, he prioritized his client's case over the SEC case, admitting to a semantic error in his explanation regarding his absence.

Lack of Respect for Legal Orders

• The disciplinary proceeding focused not solely on the non-attendance but on Atty. Cruz's lack of respect for legal orders and his lack of candor in his explanations.
• He was found to have committed dishonesty regarding his excuses for missing the hearings.
• Atty. Cruz exhibited blatant disrespect for legal processes by failing to submit travel orders or appropriate explanations for his absences, reflecting an indifferent and uncooperative attitude.

Complainants' Position

• Complainants argued that Atty. Cruz did not present any new or substantial matters in his Motion for Reconsideration that would justify a reversal or modification of the Court's Decision.
• They acknowledged that the only new issue raised was the severity of the penalty, which had not been previously addressed.
• The Court recognized the validity of the complainants' assertion, particularly regarding the penalty's severity.

Modification of Penalty

• Upon reevaluation of the case and comparison with similar cases, the Court determined that a one-month suspension would be appropriate, considering it was Atty. Cruz's first offense.
• The Court referenced previous cases, such as Maligaya v. Doronilla, Jr. and Bantolo v. Castillon, Jr., where simil...continue reading

Case Syllabus (A.C. No. 5809)

Background of the Case

• The case involves a disciplinary action against Atty. Ponciano V. Cruz, Jr., filed by complainants Servillano Batac, Jr. and Antonio Bonoan.
• The complaint arose from Atty. Cruz's failure to attend multiple scheduled hearings in a Securities and Exchange Commission (SEC) case, resulting in disciplinary proceedings against him.

Initial Decision and Sanction

• On February 23, 2004, the Court issued a decision suspending Atty. Cruz from the practice of law for six months.
• The decision highlighted the importance of compliance with legal orders and the need for attorneys to respect court processes.

Respondent's Motion for Reconsideration

• Atty. Cruz filed a Motion for Reconsideration against the suspension, arguing various points regarding his absence and the imposed penalty.
• He emphasized that his failure to attend was due to legitimate commitments, including potential participation in an international conference.

Court's Examination of Respondent's Claims

• The Court noted that Atty. Cruz caused the cancellation and rescheduling of eight hearings, indicati...continue reading