4/14/2021
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Penalty
A lawyer's neglect of a legal matter entrusted him by his client constitutes inexcusable
negligence for which he must be held administratively liable.[21]
Section 27. Attorneys removed or suspended by Supreme Court on what
grounds. - A member of the bar may be removed or suspended from his
office as attorney by the Supreme Court for any deceit, malpractice, or other
gross misconduct in such office, grossly immoral conduct, or by reason of his
conviction of a crime involving moral turpitude, or for any violation of the
oath which he is required to take before the admission to practice, or for a
wilfull disobedience of any lawful order of a superior court, or for corruptly
or willful appearing as an attorney for a party to a case without authority so
to do. The practice of soliciting cases at law for the purpose of gain, either
personally or through paid agents or brokers, constitutes malpractice.
(Emphasis supplied)
All told, while we affirm the findings of the IBP-CBD as regards respondent's culpability,
we cannot sustain the recommended penalty of censure.
In Figueras v. Jimenez,[22] Atty. Diosdado B. Jimenez had been remiss in the
performance of his duties as counsel for failure to timely file appellant's brief causing
the dismissal of the appeal. For his negligence, he was found administratively liable for
violation of Rule 18.03, Canon 18 of the Code of Professional Responsibility and was
suspended from the practice of law for one (1) month.
Similarly, We deem it proper to impose a one (1) month suspension on respondent for
his negligent failure to apprise complainant on the Court's decree of denial and inform
complainant that he opted not to file a motion for reconsideration allowing it to lapse
into finality, in violation of the Lawyer's Oath and Canon 18, Rules 18.03 and 18.04 of
the CPR, and Canon 15 of the Canon of Professional Ethics.
Final Note
A lawyer should never leave his or her client groping in the dark, for to do so would
destroy the trust, faith, and confidence reposed not only in the lawyer so retained, but
also in the legal profession as a whole.[23] Aside from delivering efficient and effective
legal services, lawyers must also timely and adequately inform the clients about the
status of the case. The lawyer's duty to keep his clients constantly updated on the
developments of his case is crucial in maintaining the latter's confidence.[24]
WHEREFORE, Atty. Rebene C. Carrera is GUILTY of violating the Lawyer's Oath,
Canon 18, Rule 18.03 and Rule 18.04 of the Code of Professional Responsibility, and
Canon 15 of the Canons of Professional Ethics. He is SUSPENDED from the practice of
law for one (1) month with STERN WARNING that a repetition of the same or any
similar act shall be dealt with more severely.
This Decision takes effect immediately. Let copy of this Decision be furnished the Office
of the Bar Confidant, the Integrated Bar of the Philippines, and the Office of the Court
Administrator for circulation to all the courts.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66208
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