[ A.C. No.

720, June 17, 2015 ]

FRANCISCO CAOILE, COMPLAINANT, VS. ATTY. MARCELINO MACARAEG, RESPONDENT.

FACTS

Francisco Caoile and four others engaged in the services of Attorney Macaraeg in a civil case for

recovery of ownership in Lingayen Pangasinan. Judgment was however rendered against Caoile et al in the

court of first instance of Lingayen, Pangasinan, and so they decided to appeal the case to the court of appeals.

During the pendency of the appeal, Attorney Macaraeg filed a motion for extension of filing the brief of

his clients for three times, but however he was not able to file the brief causing the court of appeals to dismiss

the appeal, rendering the dismissal to be final and executory. Attorney Macaraeg however failed to inform

Caoile et al that they have lost the case, it was only when a writ of execution on the property was served on

Caoile that he found out that the case has been lost. This then lead to the confrontation of Caoile and Attorney

Macaraeg.

Francisco Caoile filed a disbarment case against Attorney Marcelino Macaraeg, during the confrontation

Attorney Macaraeg said that the case was lost due to the fact that Caoile herein, was not able to pay him in full.

Hence, this administrative complaint against Atty. Macaraeg for neglect and dereliction of duty.

In his defense, Attorney Macaraeg denied that he neglected the case. He pointed out that to push through with

the appeal, he advanced some of the appeal expenses and even filed a 3 months of extension so that Francisco

could furnish the amount needed. However, Francisco was not able to pay, resulting to the dismissal of the

appeal.

This Court then, ordered the Solicitor general to conduct the investigation. During the pendency of the

investigation, Attorney Macaraeg died. The case was then transferred to the IBP and upon investigation,
Attorney Macaraeg was found to have violated Rule 12.03 of Canon 12 of the Code of Professional

Responsibility.:

A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period lapse

without submitting the same or offering an explanation for his failure to do so.

Accordingly, Commissioner Cachapero recommended that Atty. Macaraeg be suspended from the practice of

law for a period of two years. The IBP board of governors approved the finding and limited the suspension of

Attorney Macaraeg for one

year.

ISSUE

1. Whether or not there was a violation of Canon 12.03?

2. Whether or not there was a violation of Canon 18.03?

HELD

1. YES. Canon 12.03 provides “A lawyer shall not, after obtaining extensions of time to file pleadings,

memoranda or briefs, let the period lapse without submitting the same or offering an explanation for his

failure to do so.” There was a violation of Canon 12.03, it was clear from the foregoing facts that when

Attorney Macaraeg was not able to file the brief, he did not bother to explain why which lead to the

dismissal of the appeal. This amounted to negligence on his part and lack of due care in handling the

case of the client.