Case Summary (A.C. No. 12875)
Allegations Against Respondent
The crux of Portuguese’s complaint centers on Atty. Centro's failure to notify him about significant developments in his case, including the adverse judgment rendered by the RTC on July 10, 2017, which he learned about only on January 25, 2018, when served with a Writ of Execution. Atty. Centro had assured Portuguese that he had filed the necessary memorandum, which later proved to be false, as no such pleading was filed. Additionally, Atty. Centro neglected to contest the execution motion and did not inform Portuguese of relevant hearings or resolutions.
Findings of the Investigating Commissioner
In a report dated April 29, 2019, the Investigating Commissioner of the Integrated Bar of the Philippines (IBP) concluded that Atty. Centro had failed to fulfill his duties as a lawyer, which resulted in significant harm to Portuguese. He did not file a memorandum or take necessary action against the RTC’s decision, breaching several provisions of the Code of Professional Responsibility (CPR), including Rule 12.03, which mandates timely filing of pleadings, and Rule 18.04, requiring constant communication with the client regarding the case status.
Confirmation of Administrative Sanctions
The IBP Board of Governors resolved on June 17, 2019, to adopt the Investigating Commissioner's findings and recommendations. The board recommended suspension of Atty. Centro from the practice of law for a period of three years due to his gross negligence and treatment of his client, which hampered Portuguese's ability to pursue his legal rights.
Court's Ruling
The Court affirmed the recommendation to suspend Atty. Centro for three years, citing breaches of his fiduciary duty under the Lawyer's Oath and the CPR. The Court emphasized that Atty. Centro’s conduct not only neglected his client’s interests but also disrespected the court's authority and the integrity of the legal profession.
Implications of Professional Conduct
The ruling serves as a reminder of the ethical obligations lawyers owe to their clients and underscores the principle that legal practice is a public trust. Att
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Background of the Case
- Complainant Prudencio B. Portuguese, Jr. filed a complaint against Atty. Jerry R. Centro for gross negligence, abandonment, and dereliction of duty.
- Atty. Centro served as counsel for Portuguese in Civil Case No. 7177 pending before the Regional Trial Court (RTC), Branch 32 of Surigao City.
- The attorney drafted and filed the Answer to the Complaint and was responsible for subsequent case developments.
Allegations Against Atty. Centro
- Portuguese alleged that after the RTC required the filing of memoranda, Atty. Centro falsely claimed that the memorandum had been filed.
- On January 25, 2018, Portuguese received a Notice from a sheriff regarding a Writ of Execution, marking the first instance he learned of an adverse judgment.
- Atty. Centro allegedly received the RTC's July 10, 2017 Decision but failed to inform Portuguese and did not file any appeal or contest the Motion for Execution.
- Further accusations included failing to notify Portuguese about the hearing on the Motion for Execution and the court’s resolution granting the motion.
Integrated Bar of the Philippines (IBP) Report and Recommendations
- The IBP's Investigating Commissioner recommended a three-year suspension for Atty. Centro due to his negligence and failur