Decision
6
G.R. No. 211829
xx xx
x x x Jurisprudence is replete with pronouncements that clients are
bound by the actions of their counsel in the conduct of their case. If it
were otherwise, and a lawyer's mistake or negligence was admitted as a
reason for the opening of the case, there would be no end to litigation so
long as counsel had not been sufficiently diligent or experienced or
learned. The only exception to the general rule is when the counsel's
actuations are gross or palpable, resulting in serious injustice to client, that
courts should accord relief to the party. Indeed, if the error or negligence
of the counsel did not result in the deprivation of due process to the client,
nullification of the decision grounded on grave abuse of discretion is not
warranted. The instant case does not fall within the exception since
petitioners were duly given their day in court.
x x x To rule otherwise would result to a situation that every
defeated party, in order to salvage his case, would just have to claim
neglect or mistake on the part of his counsel as a ground for reversing an
adverse judgment. There would be no end to litigation if this were
allowed as every shortcoming of counsel could be the subject of challenge
of his client through another counsel who, if he is also found wanting,
would likewise be disowned by the same client through another counsel,
and so on ad infinitum.xx x
xx xx
Truly, a litigant bears the responsibility to monitor the status of his
case, for no prudent party leaves the fate of his case entirely in the hands
of his lawyer. It is the client's duty to be in contact with his lawyer from
time to time in order to be informed of the progress and developments of
his case; hence, to merely rely on the bare reassurance of his lawyer that
everything is being taken care of is not enough. 20
The right to appeal is neither a natural right nor is it a component of
due process. It is a mere statutory privilege, and may be exercised only in
the manner and in accordance with the provisions of law. 21 Indeed, any
liberality in the application of the rules of procedure may be properly
invoked only in cases of some excusable formal deficiency or error in a
pleading, but definitely not in cases like now where a liberal application
would directly subvert the essence of the proceedings or results in the utter
disregard of the Rules of Court. 22
Although the petitioner cannot successfully invoke gross negligence
of counsel to reinstate his lost appeal, it cannot be said that he was deprived
of due process. It is beyond question that the petitioner had his day in court.
His case was tried on the merits and he was ably represented during the trial
stage. Furthermore, the merits of the petitioner's case deserve scant
consideration.
20
21
22
Mendoza v. Court ofAppeals, 764 Phil. 53, 63-65 (2015).
Boardwalk Business Ventures, Inc. v. Villareal, 708 Phil. 443, 452 (2013).
Heirs ofArturo Garcia Iv. Municipality of Iba, Zambales, 764 Phil. 408, 416-417 (2015).
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