Case Summary (A.C. No. 5834)
Factual Background
Severino Ramos and his wife were defendants in a civil case for the collection of a sum of money before the Regional Trial Court in Cabanatuan City. After receiving a judgment against them, the spouses engaged Atty. Jacoba and Atty. Velasco-Jacoba to handle their appeal to the Court of Appeals. Despite being granted multiple extensions totaling 135 days, Atty. Jacoba failed to submit the necessary brief, resulting in the dismissal of the appeal and making the trial court's decision final. Ramos and his wife subsequently filed a motion for reconsideration, which was denied, leading to Ramos filing a verified complaint against Jacoba.
Allegations and Response
Ramos alleged that he paid the respondents ₱10,000 as attorney's fees and an additional ₱8,000 for expenses related to the appeal. Given Atty. Jacoba's failure to perform his duties, Ramos sought disbarment. The respondents were allowed to respond to the complaint but failed to do so despite being granted extensions and receiving proper notice.
Investigation and Recommendations
The Investigating Commissioner of the Integrated Bar of the Philippines (IBP) found Ramos's uncontroverted allegations compelling and recommended that Atty. Jacoba be suspended for six months and ordered to refund the₱10,000. Atty. Velasco-Jacoba was to be admonished for her lack of diligence. The IBP Board of Governors modified the recommendation, reducing the suspension period to three months for Jacoba's negligence.
Court's Findings and Rationale
Upon reviewing the case, the Court concluded that the recommended three-month suspension was insufficient given that this was not the first instance of Jacoba's negligence. A history of neglect, including a previous six-month suspension for similar negligence, warranted a more severe penalty. The Court emphasized that lawyers have a duty to represent their clients with diligence and fidelity, noting that the failure to file the brief had serious consequences, including a final judgment requiring Ramos to pay ₱107,000 to opposing parties. Additionally, it was highlighted that the negligence affected Ramos's wife's health, leading to her untimely death.
Sanctions Imposed
Ultimately, the Court suspended Atty. Jacoba from the practice of law for one year and required him to ret
...continue readingCase Syllabus (A.C. No. 5834)
Case Background
- This case involves a complaint for disbarment filed by Severino Ramos against Atty. Ellis Jacoba due to the latter's failure to file an appellant's brief in the Court of Appeals.
- The complainant, Severino Ramos, and his wife were defendants in a civil case for the collection of a sum of money at the Regional Trial Court, Branch 27, Cabanatuan City.
- After the Regional Trial Court rendered a judgment against them, they engaged Atty. Ellis Jacoba and Atty. Olivia Velasco-Jacoba to appeal the decision.
Failure to File Brief
- Atty. Jacoba was granted extensions totaling 135 days to file the appellants' brief but failed to do so.
- As a result of this failure, the complainants' appeal was dismissed, and the judgment of the lower court became final.
- The couple's attempts to file a motion for reconsideration of the dismissal were denied, leading to a verified complaint lodged against Atty. Jacoba.
Allegations in the Complaint
- The complainant alleged that he and his wife paid Atty. Jacoba P10,000.00 as attorney's fees and an additional P8,000.00 for expenses related to the preparation of the appellant's brief.
- Due to Atty. Jacoba's negligence, Ramos sought disbarment as a remedy.
Respondents' Non-Compliance
- Both Atty. Jacoba and Atty. Velasco-Jacoba were required to respond to the complaint but failed to do so, even after receiving extensions.
- Their absenc