447 Phil. 434
AUSTRIA-MARTINEZ, J.:
“We are not convinced about the truth of respondent’s affirmative allegations. It is clear that he as well as his counsels are lying. First off, the manifestation with motion filed by respondent’s counsels, Sua and Alambra is incredibly unbelievable. In fact, to be blunt about it, respondent’s counsels were clearly lying when they manifested that the respondent “has yet to receive a copy of the complaint...” This is an outrageous lie. The respondent’s three (3) motions never once mentioned that he had not received copy of the complaint. In fact, in his second motion for further extension of time to file comment, Atty. Almadro CLEARLY stated in the second paragraph thereof that:The report was adopted and approved by the Board of Governors of the IBP Commission on Bar Discipline with some modifications thus:‘He is in the process of reviewing an initial draft of said comment and will need said period of ten (10) days to complete and finalize the draft.’“From the afore-quoted portion of Mr. Almadro’s manifestation and motion, it is obvious he already had a copy of the complaint. The manifestation and motion filed on his behalf by Attys. Sua and Alambra with the Honorable Supreme Court is a brazen and deliberate misrepresentation which deserves an uncompromising and vigorous condemnation.
“The respondent claims he is in solo practice. How then can he honestly claim that when he could not find the draft of his demurrer in the magnetic computer diskette where he allegedly stored it, he was led “to believe that the drafts must have been finalized and the edited versions thereof accordingly filed.” This allegation is pure unadulterated garbage. All Mr. Almadro had to do was check his case folder to see if a demurrer had indeed been filed. As a solo practitioner like this representation, we can only surmise that logically, nothing happens or “goes down” in Mr. Almadro’s office without his knowledge and indispensable participation. If so, how could he have been led to believe anything? To be sure, he would have read and signed the demurrer before it was “accordingly filed.” Being a solo practitioner no one else could have signed that demurrer. And does Mr. Almadro expect anyone to believe that after finishing the draft (in his computer) he would not even bother to print a hard copy for him to read, edit and correct without having to do so from his computer monitor?
“Incidentally, this representation verified the records of the complainant’s criminal case before RTC-Branch 99, Quezon City. We came upon an Order of the incumbent presiding judge declaring the respondent herein in contempt of court for repeatedly failing to submit an explanation as ordered by the court.
“The undersigned is convinced that Atty. Ruben L. Almadro’s actuations reveal not only serious neglect or indifference to his duties as a lawyer but more gravely his open disrespect for the court and the authority it represents.
“We wish to put on record our extreme DISPLEASURE at the behavior of respondent Atty. Ruben L. Almadro. We strongly recommend that respondent be suspended from the practice of law for two (2) years and that he be fined Ten Thousand (PhP10,000.00) Pesos. We likewise recommend strongly that Attys. Sua and Alambra be ordered to explain why they should not be held in contempt for deliberately foisting a deliberate falsehood and misrepresentation on the Honorable Supreme Court by declaring that their client had not received a copy of the complaint when such was not true. By their misrepresentation the afore-named counsels have exhibited contemptible disrespect not only for the Court but also the authority it represents.”[10]
“RESOLVED to ADOPT and APPROVE, as it is hereby ADOPTED and APPROVED, the Report and Recommendation of the Investigating Commissioner of the above-entitled case, herein made part of this Resolution/Decision as Annex “A”; and, finding the recommendation fully supported by the evidence on record and the applicable laws and rules, with modification, and considering that Atty. Ruben L. Almadro’s actuations reveal not only serious neglect or indifference to his duties as a lawyer but more gravely his open disrespect for the court and the authority it represent. Respondent is hereby SUSPENDED from the practice of law for one (1) year and FINED for Ten Thousand (P 10,000.00) Pesos. Likewise, Atty. Sua and Atty. Alambra are ordered to explain why they should not be held in contempt for deliberately foisting a deliberate falsehood and misrepresentation.”[11]Respondent filed a motion for reconsideration on September 11, 2002, this time in his own behalf, of the above quoted IBP Board Resolution.[12] This was denied on October 19, 2002.[13]
CANON 18 --- A lawyer shall serve his client with competence and diligence.It is plain from the records that respondent lawyer failed to submit a demurrer to evidence for which he had earlier asked permission from the trial court and which his client, herein complainant was relying on. More than that, he failed to contact his client and to apprise the latter about the developments of the case leaving complainant completely surprised and without any protection when years later, he received summons from the trial court asking him to present evidence in his defense and, not long after, the trial court issued a warrant for his arrest.
Rule 18.03 --- A lawyer shall not neglect a legal matter entrusted to him and his negligence in connection therewith shall render him liable.
Rule 18.04 --- A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable time to the client’s request for information.
“An attorney is bound to protect his client’s interest to the best of his ability and with utmost diligence. A failure to file brief for his client certainly constitutes inexcusable negligence on his part. The respondent has indeed committed a serious lapse in the duty owed by him to his client as well as to the Court not to delay litigation and to aid in the speedy administration of justice.In other cases, the Court also held that while a lawyer may decline a person to become his client for valid reasons, once he agrees to take up the cause of a client, he begins to owe fidelity to such cause and must always be mindful of the trust and confidence reposed in him. As a lawyer, he must serve the client with competence and diligence, and champion the latter’s cause with wholehearted fidelity, care and devotion. Indeed, he owes entire devotion to the interest of his client, warm zeal in the maintenance and defense of his client’s rights, and the exertion of his utmost learning and ability to the end that nothing be taken or withheld from his client, save by the rules of law legally applied.[16] His client is entitled to the benefit of any and every remedy and defense that is authorized by the law of the land and he may expect his lawyer to assert every such remedy or defense.[17]xxx xxx xxx
“A lawyer is expected to be familiar with these rudiments of law and procedure and anyone who acquires his service is entitled to not just competent service but also whole-hearted devotion to his client’s cause. It is the duty of a lawyer to serve his client with competence and diligence and he should exert his best efforts to protect within the bounds of law the interest of his client. A lawyer should never neglect a legal matter entrusted to him, otherwise his negligence in fulfilling his duty will render him liable for disciplinary action.”[15]
CANON 10--- A lawyer owes candor, fairness and good faith to the court.In Benguet Electric Cooperative, Inc. vs Atty. Flores,[18] the Court, aside from citing Canon 10 above stated that “a lawyer must be a disciple of truth.” Indeed, it cannot be stressed enough how important it is for a lawyer as an officer of the court to observe honesty at all times, especially before the courts.
Rule 10.01 ---A lawyer shall not do any falsehood, nor consent to the doing of any in court; nor shall he mislead or allow the court to be misled by any artifice.