G.R. No. A.C. 5525; March 4, 2005
Consolidated Farms, Inc., acting thru its President Antonio C. Oppen, Complainant, vs. Atty. Crisanto E. Alpon, Jr., Respondent.

FACTS

Complainant Consolidated Farms, Inc. engaged the services of respondent Atty. Crisanto E. Alpon, Jr. as counsel in SSC Case No. 3-13961-93 before the Social Security Commission. The complainant alleged that respondent, as counsel, failed to submit the required position paper despite several orders from the Commission granting extensions and issuing final warnings. Respondent also failed to attend scheduled hearings despite due notice. Consequently, the Commission deemed complainant to have waived its right to present evidence and cross-examine witnesses. In a Resolution dated February 7, 1996, the Commission held complainant liable and ordered it to remit P27,117.09 to the Social Security System. Complainant thus filed this disbarment case, praying for respondent’s disbarment, dismissal from an alleged judgeship, and reimbursement of the paid amount.
In his Comment, respondent admitted the oversight, attributing it to personal marital problems and claiming that notices from the Commission were not forwarded to him by the law office he was previously connected with. He manifested willingness to reimburse the judgment amount and asserted he limited his practice during the relevant period. Verification confirmed respondent was not a municipal judge. The Integrated Bar of the Philippines (IBP) Board of Governors adopted a report recommending a three-month suspension from the practice of law.

ISSUE

Whether respondent Atty. Crisanto E. Alpon, Jr. is administratively liable for professional negligence.

RULING

Yes, respondent is administratively liable. The Court affirmed the IBP’s recommendation. The legal logic is anchored on the fundamental duties of a lawyer under the Code of Professional Responsibility. Canon 18 and its Rule 18.03 explicitly mandate that a lawyer shall not neglect a legal matter entrusted to him. The Court emphasized that every lawyer owes the client utmost dedication, competence, diligence, and prudence. Respondent’s failure to submit the mandatory position paper and to attend hearings, which led to an adverse judgment by default, constitutes gross negligence and a clear violation of this duty.
The Court rejected respondent’s defenses. His claim of non-receipt of notices due to the law firm’s failure to forward them is unavailing. The records show multiple orders directly addressed to him, and as counsel of record, he had a non-delegable duty to monitor the case’s progress and anticipate its processes. His personal problems do not excuse the neglect of a professional obligation. Furthermore, his offer and subsequent payment of reimbursement to the client, while commendable, does not exonerate him from administrative liability for the ethical breach. The primary concern is the protection of the public and the preservation of the integrity of the legal profession. Therefore, respondent Atty. Crisanto E. Alpon, Jr. is SUSPENDED from the practice of law for THREE (3) MONTHS, with a stern warning.