Jamito, Louie Andrei G.
Constitutional Law I
Veronica Santiago vs. Amado Fojas
A.C. No. 4103 | September 7, 1995
FACTS
The Department of Labor and
Employment (DOLE) declared
complainants’ illegal expulsion of Salvador
from Far Easter University Faculty
Association. Salvador sought for damages
but Atty. Fojas moved to dismiss it for res
judicata and lack of jurisdiction because it
was already decided by Med-Arbiter and it
is only cognizable by the DOLE.
Complainants were directed to file their
answer within a non-extendible period of
fifteen days from notice. Instead of filing
an answer, the respondent filed a motion
for reconsideration and dismissal of the
case. The complainants were declared in
default, and Salvador was authorized to
present his evidence ex-parte and won
damages and attorney’s fees.
ISSUES
W/N Atty. Fojas committed
culpable negligence, and breached Canon
18 and 15 Rule 18.03 and 15.05 of Code of
Professional Responsibility.
RULING
YES. Every case a lawyer accepts
deserves his full attention, diligence, skill,
and competence, regardless of its
importance and whether he accepts it for a
fee or for free. He is not excused by
reasons of pressure and large volume of
legal work. the negligence cannot be
excused by a “losing cause”. Even if it was
a losing case, he should be honest to the
client.
Reprimanded only.
Ateneo de Davao University
Valeriana U. Dalisay vs. Melanio
Mauricio, Jr.
A.C. No. 5655 | January 23, 2006
FACTS
Dalisay alleged that she engaged
the services of respondent Batas Mauricio
as her counsel. Respondent asked her to
pay an acceptance and filing fees in the
total amount of P 56,000.00. Despite her
payments, respondent never rendered any
legal services to her. As a result, she
terminated their attorney – client
relationship and demanded the return of
her money and documents. However, he
refused to do.
ISSUE
W/N an attorney – client
relationship was established.
RULING
Yes. When respondent accepted
P56,000.00 from complainant, it was
understood that he agreed to take up the
latter’s case and that an attorney – client
relationship between them as established.
From then on, it was expected of him to
serve complainant with confidence and
attend to her case with fidelity, care, and
devotion. A member of the legal profession
owes his client entire devotion to his
genuine interest and warm zeal in the
maintenance and defense of his rights. And
attorney is expected to exert his best
efforts and ability to protect his client’s
case for his unwavering case, for his
unwavering loyalty to his client likewise
serves the ends of justice. Indeed, the
entrusted privilege of every lawyer to
practice law carries with it his
corresponding duties not only to his client,
but also the court, to the bar, and to the
public.