In 1998, Evelyn Bratschi engaged the services of Atty. Robert Peneyra for him to be her defense counsel in a falsification case. Evelyn paid the acceptance fee and also paid Peneyra’s appearance fees in advance. In 2003, Evelyn also engaged the services of Peneyra to defend her in a civil case. However, Peneyra kept on absenting himself from those cases. His absences were unjustified. He was absent thirteen times in the criminal case and was absent twelve times in the civil case. As a result, Evelyn was sentenced to be imprisoned in the criminal case and she lost a property in the civil case. Evelyn then filed an administrative case against Peneyra for gross negligence.
ISSUE: Whether or not Peneyra should be disciplined.
HELD: Yes. A lawyer shall observe diligence in all professional undertakings, and shall not cause or occasion delay in any legal matter before any court. Peneyra was unjustifiably remiss in his duties as legal counsel to Bratschi. Peneyra clearly violated his client’s trust and confidence, and miserably failed to perform his duties with competence and diligence. Atty. Peneyra effectively abandoned his client’s cause without any justifiable reason. The legal matter entrusted to him by Evelyn involved not merely money or property, but the very liberty and livelihood of his client yet he failed to observe diligence in protecting Evelyn’s rights and interest. The IBP recommended Peneyra’s suspension but the Supreme Court disbarred Peneyra as it appears that this was already his second offense.
