Case Summary (A.C. No. 8367)
Background of the Complaint
In 2002, Estrella Peralta-Diasen engaged Atty. Paguinto for the prosecution of two civil cases, Civil Case Nos. TG-2471 and TG-2472, in which she sought redress against a realty and development corporation for selling real estate that she had previously intended to purchase. The complainant paid an initial acceptance fee of P25,000 and accrued additional legal fees totaling over P81,000 from November 2002 to December 2008. Despite the passage of time, communications with Atty. Paguinto about the status of the cases yielded only vague and ambiguous responses.
Discovery of Dismissals
In June 2009, after receiving unsatisfactory updates from Atty. Paguinto, Peralta-Diasen sent a representative to the Regional Trial Court of Tagaytay City to inquire about her cases. This inquiry revealed that both cases had been dismissed; Civil Case No. TG-2471 was dismissed in 2005, and Civil Case No. TG-2472 in 2007, primarily due to Atty. Paguinto's failure to prosecute them. This led Peralta-Diasen to file an administrative complaint against Atty. Paguinto, alleging severe negligence and betrayal of trust.
Procedural History
The Court required Atty. Paguinto to file a comment regarding the administrative complaint. Despite receiving extensions, he failed to submit any responsive pleading, prompting the Court to impose a fine of P1,000 for this non-compliance. Although this fine was paid, Atty. Paguinto continued to disregard the Court's orders, resulting in the referral of the case to the Integrated Bar of the Philippines (IBP) for an investigation.
IBP Findings and Recommendations
Investigating Commissioner Gilbert L. Macatangay of the IBP Commission on Bar Discipline conducted an investigation, ultimately recommending a two-year suspension for Atty. Paguinto based on violations of his Lawyer’s Oath and the Code of Professional Responsibility. The IBP Board of Governors later modified this recommendation, extending the suspension to four years and imposing a fine of P15,000 for his failure to comply with procedural requirements.
Court's Adoption of Recommendations
Upon reviewing the relevant facts and legal obligations, the Court agreed with the IBP Board's findings. Atty. Paguinto's neglect of his clients’ cases and failure to inform them of developments demonstrated a breach of professional duty and trust. The Court emphasized his continued negligence over a prolonged period and noted that Atty. Paguinto continued to collect fees even after the cases had been dismissed.
Assessment of Prior Infractions
The Court noted Atty. Paguinto's history of professional misconduct, including previous suspensions for similar negligence and deceitful actions. Specifically, he was suspended in 2004 for misleading a client about filing a case, and in 2010 for a spectrum of violations including conspiracy and non-compliance with Court orders. This pattern of behavior was considered an aggravating circumstance that warranted enhanced penal measures.
Final Judgment and Penalties
Following the findings presented, the Court determined that di
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Facts of the Case
- Estrella Peralta-Diasen engaged Atty. Oscar P. Paguinto in 2002 to file and prosecute cases against Nueva Villa Realty & Development Corporation for wrongful sale of subdivision lots.
- Two civil cases (TG-2471 and TG-2472) were filed before the RTC of Tagaytay City.
- Complainant paid Paguinto P25,000 acceptance fees and over P81,000 in legal fees from November 2002 to December 2008.
- By April 2008, complainant was given only vague assurances about case progress and was unaware of case status.
- In June 2009, complainant’s representative discovered both cases were dismissed in 2005 and 2007 for failure to prosecute.
- Complainant filed an administrative complaint alleging abandonment and violation of trust by Atty. Paguinto.
Procedural History
- The Court required Atty. Paguinto to file a comment; despite extensions, no comment was filed.
- The Court fined Paguinto P1,000 in 2014 for failure to file comment; fine was paid but no response given.
- Case was referred to Integrated Bar of the Philippines (IBP) for investigation.
- IBP Investigating Commissioner found Paguinto guilty of violating Lawyer's Oath and Code of Professional Responsibility, recommending a two-year suspension.
- IBP Board of Governors modified the penalty to a four-year suspension and a P15,000 fine for failure to file answer, attend mandatory conference, and submit position paper.
- The Supreme Court adopted findings with further modification.
Violations and Misconducts
- Gross negligence in failing to prosecute both cases, causing dismissal and depriving client of her day in court.
- Failu