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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."
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