Failure to file brief - sc.judiciary.gov.ph/jurisprudence/2012/july2012/6910.pdf

sc.judiciary.gov.ph/jurisprudence/2012/july2012/6910.pdf

"x x x,


The failure of respondent to file the appellant’s brief for
complainant within the reglementary period constitutes gross negligence
in violation of the Code of  Professional Responsibility. In Perla
Compania de Seguros, Inc. v. Saquilabon, this Court held:
An attorney is bound to protect his client’s interest
to the best of his ability and with utmost diligence. (Del
Rosario v. Court of Appeals, 114 SCRA 159) A failure to
file brief for his client certainly constitutes inexcusable
negligence on his part. (People v. Villar, 46 SCRA 107)
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. (People v. Daban, 43 SCRA 185; People v.
Estocada, 43 SCRA 515).
All told, we rule and so hold that on account of respondent’s
failure to protect the interest of complainant, respondent indeed violated
Rule 18.03, Canon 18 of the Code of Professional Responsibility.
Respondent is reminded that the practice of law is a  special privilege
bestowed only upon those who are competent intellectually, academically
and morally. This Court has been exacting in its expectations for the
members of the Bar to always uphold the integrity and dignity of the legal
profession and refrain from any act or omission which might lessen the
trust and confidence of the public.

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