G.R. No. L-24114 – Legal Ethics – Lawyer’s Negligence; Entry of Appearance in a Resolved Case
Atty. Clemente Soriano entered his appearance in the case People’s Homesite vs Mencias and Tiburcio et al. He sought to represent Marcelino Tiburcio. The odd thing is that, when he entered his appearance before the Supreme Court, the case has long been decided by the Supreme Court. The Supreme Court then directed Atty. Soriano to show cause why he should not be subjected to disciplinary actions.
Atty. Soriano, in his defense, stated that he merely relied on the assurance made by one Atty. Antonio Dalangpan who assured him that the case is still pending with the Supreme Court.
ISSUE: Whether or not Atty. Soriano should be suspended.
HELD: No. But he is severely censured. The only reason why he’s not suspended is that he exhibited candor before the Supreme Court in acknowledging his mistake. He has been negligent in his duty and this violates his duty to be diligent on his responsibility to his client. He should have checked with the former lawyer of Tiburcio as to the status of the case. If not, he could have simply checked with the Clerk of Court of the Supreme Court instead of relying upon the assurances of Atty. Dalangpan (who even denied before the Supreme Court that he made such assurances).
