A.C. No. 14232 - APOLINARIO C. MARIANO, COMPLAINANT, VS. ATTY. RUSSEL A. BARROGA,***.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, this administrative complaint case was filed on September 29, 2021. [9] In his disbarment complaint, Mariano alleged that Atty. Barroga displayed negligence throughout the trial when he: (1) failed to file a comment on the formal offer of exhibits presented by the prosecution; (2) repeatedly missed court hearings which resulted in the waiver of his client's right to cross-examine the prosecution witnesses; (3) failed to appear during the scheduled hearings for the presentation of evidence; and (4) failed to file the appellant's brief before the CA, which resulted in the dismissal of the appeal. Mariano further averred that he was never remiss in his payment. In fact, he paid a total of PHP 70,000.00 to Atty. Barroga. [10] In an Order [11] dated October 26, 2021, the IBP Commission on Bar Discipline (IBP-CBD) directed Atty. Barroga to file his verified answer. Instead of filing such, Atty. Barroga filed a Motion for Additional Time to File Answer [12] dated December 7, 2021. Despite the said Motion, however, Atty. Barroga still did not file his answer. [13] An Order [14] dated October 6, 2022 was thereafter issued notifying Mariano and Atty. Barroga that the mandatory conferences of the case shall be conducted through video conferencing considering that the Philippines was still under a State of Public Health Emergency due to the COVID-19 pandemic. They were also directed to submit their respective email addresses to which subsequent notices would be sent. On March 8, 2023, the IBP-CBD issued another Order [15] stating that both Mariano and Atty. Barroga failed to comply with its October 6, 2022 Order. The same order declared the mandatory conference terminated and directed them to submit their verified position papers. However, despite receipt of the said order, both Mariano and Atty. Barroga failed to comply. [16] The IBP-CBD Report and Recommendation In its Report and Recommendation [17] dated August 17, 2023, the IBP Investigating Commissioner recommended the suspension of Atty. Barroga. The dispositive portion reads: FOR THESE REASONS , it is RECOMMENDED that ATTY. RUSSEL M. BARROGA , be found culpable or guilty of: Violating Canons 17 and 18 of the Code of Professional Responsibility. As a consequence, it is recommended that respondent SUSPENDED from the practice of law for one (1) year to commence immediately upon receipt of this Resolution; and, Violating Canon 11 of the Code of Professional Responsibility for which respondent is recommended to be ORDERED to immediately pay a FINE in the amount of Ten Thousand Pesos [(PHP 10,000.00)] to the INTEGRATED BAR OF THE PHILIPPINES upon receipt hereof. In both cases, it is recommended that respondent be WARNED that a repetition of the same or similar offense or offenses will warrant a more severe penalty. [18] (Emphasis in the original) Essentially, the IBP-CBD found that Atty. Barroga failed to fulfill his duties to his client and to the court. Firstly, Atty. Barroga had been inexcus