4/14/2021 E-Library - Information At Your Fingertips: Printer Friendly FIRST DIVISION [ A.C. No. 12661, February 19, 2020 ] BENJAMIN M. KATIPUNAN, JR., PETITIONER, VS. ATTY. REBENE C. CARRERA, RESPONDENT. DECISION LAZARO-JAVIER, J.: The Case Complainant Benjamin M. Katipunan, Jr. charged respondent Atty. Rebene C. Carrera with violations of Canon 18, Rules 18.02, 18.03, and 18.04 of the Code of Professional Responsibility (CPR), Canon 15 of the Canons of Professional Ethics, the Lawyer's Oath, and Section 27, Rule 138 of the Revised Rules of Court. The Complaint Affidavit Complainant essentially alleged : From October 12, 1996 until 2003, he worked as a seafarer with the rank of Master Mariner (shipmaster) for Philippine Transmarine Company, Inc. (PTC). He got separated from employment due to a heart ailment he contracted while in service. Although his condition rendered him totally and permanently disabled, his employer denied his claim for disability benefits, prompting him to file a case before the National Labor Relations Commission (NLRC). By Decision dated January 25, 2005, the Labor Arbiter ruled in his favor and awarded him total disability benefits ofUS$60,000.00. Dissatisfied with the award, he appealed to the NLRC. He wanted an award of US$90,000.00 instead of just US$60,000.00. He engaged respondent as his counsel from the NLRC proceedings all the way to the Supreme Court. By Resolution dated April 6, 2006, the NLRC reversed. His motion for reconsideration was also denied per Resolution dated August 28, 2006. Undaunted, he brought the case to the Court of Appeals on certiorari which affirmed the NLRC dispositions and likewise denied his motion for reconsideration. On petition for review on certiorari, he sought affirmative relief from the Court. By Resolution dated August 11, 2008, the Court required him to submit a verified statement of the exact date when he filed his motion for reconsideration, an affidavit of service, and a verification and certification of non-forum shopping with competent proof of identity. On October 3, 2009, respondent filed a "Verified Compliance and Statement of Material Dates." https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66208 1/10

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