A.C. NO. 4676 - SPS. ANTONIO AND NORMA SORIANO, COMPLAINANTS, VS. ATTY. REYNALDO P. REYES.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, notwithstanding the motion to withdraw evidence and testimony, the disbarment proceeding should proceed. Looking into the merits of the complaint against respondent, we decide to modify the findings of the IBP. As to Civil Case No. 20-465-90, records show that it was dismissed for failure of respondent to file the pre-trial brief. Respondent's failure to file the pre-trial brief constitutes inexcusable negligence. [18] The importance of filing a pre-trial brief cannot be gainsaid. For one, the lawyers are compelled to prepare their cases in advance. They eliminate haphazard preparation. Since pre-trial is a serious business of the court, preparation of the lawyers and parties for the pre-trial in both questions of fact and of law cannot be overemphasized as an essential requirement for a pre-trial conference. They enable both parties to view the documentary evidence of the other even before they are presented in court. They enable the parties to know the testimonies of each other's witnesses. Pre-trial briefs also apprise the courts of the additional points the parties are willing to stipulate upon, or the additional points which could be inquired into for the purpose of additional stipulations. They also apprise the court of the respective demands of the parties, thus, enabling the court to discuss more intelligently an amicable settlement between or among the parties. [19] The failure to submit a pre-trial brief could very well, then, be fatal to the case of the client as in fact it is a ground for dismissal of the case. [20] For this reason, respondent's failure to submit the pre-trial brief to the court within the given period constitutes negligence which entails disciplinary action. Not only is it a dereliction of duty to his client but to the court as well. Hence, this Court, in Spouses Galen v. Atty. Paguirigan , [21] explained: An attorney is bound to protect his client's interest to the best of his ability and with utmost diligence. A failure to file brief for his client certainly constitutes inexcusable negligence on his part. The respondent has indeed committed a serious lapse in the duty owed by him to his client as well as to the Court not to delay litigation and to aid in the speedy administration of justice. In this case, respondent did not only fail to file the pre-trial brief within the given period. Worse, he had not submitted the required pre-trial brief even at the time he filed a motion for reconsideration of the order of dismissal several months later. Expectedly, the motion for reconsideration was denied by the court. Respondent's negligence is apparent in the trial court's denial of the motion for reconsideration, to wit: The court, in the exercise of sound discretion, afforded the plaintiffs who were then present, five (5) days from October 11, 1991, within which to submit to the Court plaintiff pre-trial brief, but despite the order, and until December 16, 1991, a period of more than two (2) months has elaps