Cabugao, Kristina DR.

CANON 18

Case: REX POLINAR DAGOHOY, complainant, vs. ATTY. ARTEMIO V. SAN

JUAN, respondent. (A.C. No. 7944. June 03, 2013.)

FACTS:

Atty. San Juan was administratively charged for gross negligence, in

connection with the dismissal of his client's appeal filed before the Court of
Appeals (CA). Tomas Dagohoy, his client and the father of complainant Rex
Polinar Dagohoy, was charged with and convicted of theft. According to the
complainant, the CA dismissed the appeal for San Juans failure to file the
appellants brief. He further alleged that San Juan did not file a motion for
reconsideration against the CAs order of dismissal. The complainant also
alleged that Atty. San Juan failed to inform him and Tomas of the real status of
Tomas appeal and did not disclose to them the real reason for its dismissal.

In his comment, Atty. San Juan denied the charge. He imputed fault on
Tomas for failing to furnish him a copy of the case records to enable him to
prepare and file the appellants brief.

ISSUE:

Whether or not Atty. San Juan is guilty of gross negligence.

HELD:

Yes. The Supreme Court stated that securing a copy of the case records
was within Atty. San Juans task as the lawyer. Second, Atty. San Juan knows
that filing an appellants brief within the reglementary period is critical. Third,
the records also disclose Atty. San Juans lack of candor in dealing with his
client. The Court found Atty. San Juan in violation of Rule 18.03 and Rule
18.04, Canon 18 of the Code of Professional Responsibility, which provide:

CANON 18 A lawyer shall serve his client with competence and diligence.

Rule 18.03 A lawyer shall not neglect a legal matter entrusted to him, and
his negligence in connection therewith shall render him liable.

Rule 18.04 - A lawyer shall keep the client informed of the status of his case
and shall respond within a reasonable time to the client's request for
information.

The Court resolved to suspend Atty. San Juan for a period of one year
and to deny his motion to be allowed to return to the practice of law.