A.C. No. 9197 - DAMASO STA. MARIA, JUANITO TAPANG AND LIBERATO OMANIA, COMPLAINANTS, VS. ATTY. RICARDO ATAYDE, JR..D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of the foregoing, it is respectfully recommended respondent ATTY. RICARDO ATAYDE, JR. be suspended from the practice of law for a period of three (3) months. According to Investigating Commissioner Din, Jr., respondent's failure to file appeal brief constitutes inexcusable negligence. He cannot sustain respondent's theory that since one of his clients in the subject civil cases Severino Pascual informed him that the parties had already amicably settled, he found it no longer necessary to file the appeal brief. Respondent was representing eight (8) individuals in the civil cases, not just Pascual. As such, he was duty bound to safeguard the interest of not only one (1) but all eight (8) individuals. This, he failed to do. He could have exercised due diligence by seeking confirmation from his other clients, complainants here included, if the information given by Pascual was indeed accurate; making sure that the terms of the settlement were fair to his clients; and that the settlement was properly documented for the purpose of apprising the Court of Appeals thereof. [7] IBP Board of Governors' Resolution By Resolution No. XXII-2017-1206 dated June 17, 2017, the IBP Board of Governors resolved to adopt the Report and Recommendation of the Investigating Commissioner. [8] Issue Is respondent liable for violation of Canon 18 and Rule 18.03 of the Code of Professional Responsibility (CPR)? Ruling Canon 18 and Rule 18.03 of the CPR ordain: CANON 18 - A lawyer shall serve his client with competence and diligence. x x x x Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable. The relationship between a lawyer and a client is "imbued with utmost trust and confidence." Lawyers are expected to exercise the necessary diligence and competence in managing cases entrusted to them. They commit not only to review cases or give legal advice, but also to represent their clients to the best of their ability without need to be reminded by either the client or the court. [9] When a lawyer agrees to act as a counsel, he guarantees that he will exercise that reasonable degree of care and skill demanded by the character of the business he undertakes to do, to protect the clients' interests and take all steps or do all acts necessary therefor. [10] Conversely, a lawyer's negligence in fulfilling his duties subjects him to disciplinary action. While such negligence or carelessness is incapable of exact formulation, the Court has consistently held that the lawyer's mere failure to perform the obligations due his client is per se a violation. [11] The requirement and repercussions of non-submission of an appellant's brief are provided for under Rules 44 and 50 of the Revised Rules of Court, to wit: RULE 44 ORDINARY APPEALED CASES Section 7. Appellants brief It shall be the duty of the appellant to file with the court, within forty-five (45) days from receipt of the notice of