653 Phil. 1
LEONARDO-DE CASTRO, J.:
4. That on February 14, 2006 hearing of the said case, the case was ordered submitted for decision [the spouses Aranda] and [Atty. Elayda] did not appear; certified copy of the order is attached as Annex "C";
5. That the order setting this case for hearing on February 14, 2006 was sent only to [Atty. Elayda] and no notice was sent to [the spouses Aranda] that is they were unaware of said hearing and [Atty. Elayda] never informed them of the setting;
6. That despite receipt of the order dated February 14, 2006, [Atty. Elayda] never informed them of such order notwithstanding the follow-up they made of their case to him;
7. That [Atty. Elayda] did not lift any single finger to have the order dated February 14, 2006 reconsidered and/or set aside as is normally expected of a counsel devoted to the cause of his client;
8. That in view of the inaction of [Atty. Elayda] the court naturally rendered a judgment dated March 17, 2006 adverse to [the spouses Aranda] which copy thereof was sent only to [Atty. Elayda] and [the spouses Aranda] did not receive any copy thereof, certified xerox copy of the decision is attached as Annex "D";
9. That they were totally unaware of said judgment as [Atty. Elayda] had not again lifted any single finger to inform them of such adverse judgment and that there is a need to take a remedial recourse thereto;
10. That [Atty. Elayda] did not even bother to file a notice of appeal hence the judgment became final and executory hence a writ of execution was issued upon motion of the plaintiff [Martin Guballa] in the said case;
11. That on July 18, 2006 Sheriff IV Leandro R. Madarag implemented the writ of execution and it was only at this time that [the spouses Aranda] became aware of the judgment of the Court, certified xerox copy of the writ of execution is attached as Annex "E";
12. That on July 19, 2006, they wasted no time in verifying the status of their case before Regional Trial Court, Branch 72, Olongapo City and to their utter shock, dismay and disbelief, they found out that they have already lost their case and worst the decision had already become final and executory;
13. That despite their plea for a reasonable period to take a remedial recourse of the situation (the Sheriff initially gave them fifteen (15) days), Sheriff Madarag forcibly took possession and custody of their Mitsubishi Pajero with Plate No. 529;
14. That they were deprived of their right to present their evidence in the said case and of their right to appeal because of the gross negligence of respondent."[3]
7. That this case also referred to [Atty. Elayda] sometime December 2004 after the [spouses Aranda] and its former counsel failed to appear in court on February 7, 2005;
8. That from December 2004, the [spouses Aranda] did not bother to contact [Atty. Elayda] to prepare for the case and in fact on May 30, 2005, [Atty. Elayda] had to ask for postponement of the case for reason that he still have to confer with the [spouses Aranda] who were not around;
9. That contrary to the allegations of the [spouses Aranda], there was not a single instance from December 2004 that the [spouses Aranda] called up [Atty. Elayda] to talk to him regarding their case;
10. That the [spouses Aranda] from December 2004 did not even bother to follow up their case in court just if to verify the status of their case and that it was only on July 19, 2006 that they verified the same and also the only time they tried to contact [Atty. Elayda];
11. That the [spouses Aranda] admitted in their Complaint that they only tried to contact [Atty. Elayda] when the writ of execution was being implemented on them;
12. That during the scheduled hearing of the case on February 14, 2006, [Atty. Elayda] was in fact went to RTC, Branch 72, Olongapo City and asked Mrs. Edith Miano to call him in Branch 73 where he had another case if the [spouses Aranda] show up in court so that [Atty. Elayda] can talk to them but obviously the [spouses Aranda] did not appear and Mrs. Miano did not bother to call [Atty. Elayda];
13. That [Atty. Elayda] was not at fault that he was not able to file the necessary pleadings in court because the [spouses Aranda] did not get in touch with him;
14. That [Atty. Elayda] cannot contact the [spouses Aranda] for the latter failed to give their contact number to [Atty. Elayda] nor did the [spouses Aranda] go to his office to leave their contact number;
14. That the [spouses Aranda] were negligent in their "I don't care attitude" towards their case and for this reason that they alone should be blamed for what happened to their case x x x."
WHEREFORE, premises considered, respondent Atty. Emmanuel F. Elayda is suspended from the practice of law for a period of six months, which shall take effect from the date of notice of receipt of the finality of this DECISION. He is sternly WARNED that a repetition of the same or similar acts will merit a more severe penalty.[7]
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 as Annex "A"; and, finding the recommendation fully supported by the evidence on record and the applicable laws and rules, and in view of respondent's negligence and unmindful of his sworn duties to his clients, Atty. Emmanuel F. Elayda is hereby SUSPENDED from the practice of law for six (6) months with Warning that a repetition of the same or similar acts will merit a more severe penalty.[9]
The legal profession is invested with public trust. Its goal is to render public service and secure justice for those who seek its aid. Thus, the practice of law is considered a privilege, not a right, bestowed by the State on those who show that they possess and continue to possess the legal qualifications required for the conferment of such privilege.
Verily, lawyers are expected to maintain at all times a high standard of legal proficiency and of morality - which includes honesty, integrity and fair dealing. They must perform their four-fold duty to society, the legal profession, the courts and their clients in accordance with the values and norms of the legal profession, as embodied in the Code of Professional Responsibility. Any conduct found wanting in these considerations, whether in their professional or private capacity, shall subject them to disciplinary action. In the present case, the failure of respondent to file the appellant's brief was a clear violation of his professional duty to his client.[11]
CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM.
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE.x x x x
Rule 18.02 - A lawyer shall not handle any legal matter without adequate preparation.
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.
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW.
Moreover, his defense that he cannot be faulted for what had happened during the hearing on February 14, 2006 because he was just at the other branch of the RTC for another case and left a message with the court stenographer to just call him when [the spouses Aranda] come, is lame, to say the least. In the first place, the counsel should not be at another hearing when he knew very well that he has a scheduled hearing for the [spouses Aranda's] case at the same time. His attendance at the hearing should not be made to depend on the whether [the spouses Aranda] will come or not. The Order submitting the decision was given at the instance of the other party's counsel mainly because of his absence there. Again, as alleged by the [the spouses Aranda] and as admitted by [Atty. Elayda] himself, he did not take the necessary remedial measure in order to ask that said Order be set aside.[12]
Once he agrees to take up the cause of a client, the lawyer owes fidelity to such cause and must always be mindful of the trust and confidence reposed in him. He must serve the client with competence and diligence, and champion the latter's cause with wholehearted fidelity, care, and devotion. Elsewise stated, he owes entire devotion to the interest of the 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. This simply means that 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. If much is demanded from an attorney, it is because the entrusted privilege to practice law carries with it the correlative duties not only to the client but also to the court, to the bar, and to the public. A lawyer who performs his duty with diligence and candor not only protects the interest of his client; he also serves the ends of justice, does honor to the bar, and helps maintain the respect of the community to the legal profession.[16]