AC 11956; (August, 2019) (Digest)
G.R. No. A.C. No. 11956. August 06, 2019.
Roger C. Cas, Complainant, v. Atty. Richard R. Librada, Respondent.
FACTS
Complainant Roger C. Cas, as President of Werr Corporation International (WCI), engaged respondent Atty. Richard R. Librada to prosecute a collection case against AMA Computer College. The Regional Trial Court (RTC) dismissed the complaint due to Atty. Librada’s failure to appear at the pre-trial conference. Atty. Librada’s subsequent motion for reconsideration was denied for procedural defects, including the failure to attach an affidavit of service and setting the hearing on a Saturday. His omnibus motion was also denied for being a prohibited pleading and filed out of time. Atty. Librada assailed these denials via a petition for certiorari in the Court of Appeals (CA), which was dismissed, with the CA affirming the procedural lapses. The dismissal became final. WCI then filed a disbarment complaint against Atty. Librada with the IBP Commission on Bar Discipline. The IBP Investigating Commissioner found that Atty. Librada intentionally concealed the status of the CA petition from WCI, violating the Code of Professional Responsibility, and recommended a two-year suspension, which the IBP Board of Governors adopted.
ISSUE
Whether Atty. Richard R. Librada violated the Code of Professional Responsibility in handling the case of WCI.
RULING
Yes, the Supreme Court found Atty. Richard R. Librada guilty of violating Canon 17, and Rules 18.03 and 18.04 of the Code of Professional Responsibility. The Court affirmed the IBP’s findings, holding that Atty. Librada negligently performed his duties. His failure to appear at the pre-trial conference led to the dismissal of the complaint. His filing of a defective motion for reconsideration and a belated omnibus motion demonstrated gross negligence and ignorance of basic procedural rules. Furthermore, he willfully withheld the CA’s adverse decision from his client, preventing WCI from pursuing remedies. These acts and omissions betrayed a lack of competence, diligence, and fidelity to the client’s cause. The Court suspended Atty. Librada from the practice of law for two years, effective upon notice, with a stern warning.