A.C. No. 6295 - Fajardo vs. Dela Torre

Complainant Josefina B. Fajardo was involved in two civil cases: Civil Case No. 581 for Forcible Entry and Civil Case No. 582 for Unlawful Detainer.
The cases were consolidated and decided by the Municipal Trial Court of Ba-ao, Camarines Sur, which ruled in favor of Felisa Imperial, the opposing party.
Respondent Atty. Danilo Dela Torre, representing Fajardo, appealed the decision to the Regional Trial Court of Iriga City, which upheld the lower court's ruling.
Following this, Fajardo instructed Dela Torre to file a petition for review with the Court of Appeals, for which he demanded a fee of P4,300.00.

The Court of Appeals dismissed the petition due to insufficient payment of docket fees and failure to attach a certified true copy of the assailed decision.
Fajardo became aware of the dismissal only when Imperial filed a motion for a new trial, which included a copy of the appellate court's resolution.
Consequently, Fajardo filed a complaint against Dela Torre, alleging "Gross Ignorance of the Law and Negligence in the Performance of Profession."

The Integrated Bar of the Philippines (IBP) Commission on Bar Discipline directed Dela Torre to respond to the complaint, but he failed to do so.
A hearing was scheduled, but Dela Torre did not appear, leading to an ex parte presentation of evidence by Fajardo.
The IBP-CBD found Dela Torre liable for negligence and recommended a fine and suspension, which the IBP Board of Governors later modified.

The Court found Dela Torre negligent in preparing the petition for review, as he failed to remit the correct amount for docket fees and did not inform Fajardo of the petition's status.
His actions violated several provisions of the Code of Professional Responsibility, including the duty to keep clients informed and to handle client funds properly.

The relationship between a lawyer and client is one of trust, requiring lawyers to keep clients informed and to act with diligence.
Lawyers must be knowledgeable about legal procedures and cannot claim ignorance of the law as a defense for negligence.
The Code of Professional Responsibility mandates that lawyers must not neglect legal matters entrusted to them and must serve their clients with competence and fidelity.

A similar complaint for malpractice was filed against Dela Torre by Fajardo's son, highlighting a pattern of negligence.
Dela Torre's refusal to comply with lawful orders during the IBP proceedings was noted as contumacious conduct, further undermining his professional integrity.

The Court concluded that Dela Torre's actions constituted a serious violation of the Code of Professional Responsi...continue reading