G.R. No. A.C. No. 786. September 15, 1936.
Tranquilino Maravilla, complainant, vs. Cornelio T. Villareal, respondent.

FACTS

Complainant Tranquilino Maravilla filed a complaint for malpractice against his attorney, respondent Cornelio T. Villareal. The allegations were: (1) Respondent, as counsel for the court-appointed receiver (Antonio Padios) in Civil Case No. 2221, negligently failed to appear at the hearing on the commissioner’s report, leading to its approval; (2) Respondent negligently failed to appeal the order approving that report; and (3) Respondent betrayed his client’s trust by acting for Pedro Perlas, a bondsman of the receiver with an adverse interest, as shown by a letter to the sheriff. In his answer, respondent admitted being retained as counsel for the receiver but asserted that the parties had stipulated the commissioner’s report would be final and binding, precluding an appeal. He denied failing to appear at the hearing. Regarding the letter to the sheriff, he explained he was merely invoking the right of exhaustion (excusion) in favor of the bondsman, as the principal obligor had sufficient properties.

ISSUE

Whether respondent Attorney Cornelio T. Villareal is guilty of malpractice, either through negligence in handling his client’s case or through infidelity by representing conflicting interests.

RULING

No, the respondent is not guilty of malpractice. The complaint is dismissed. On the first two charges, the record shows the parties had agreed the commissioner’s findings would be final. Thus, respondent could not be faulted for not appealing from an order based on a binding stipulation. On the third charge, the respondent’s letter to the sheriff merely advised on the legal right of exhaustion, which is not censurable but a proper invocation of the law. The Court will protect lawyers from unjust accusations by dissatisfied litigants when their conduct is within bounds.

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