AC 8235; (January, 2015) (Digest)
G.R. No. AC No. 8235, January 27, 2015
Joselito F. Tejano, Complainant, vs. Atty. Benjamin F. Baterina, Respondent.
FACTS
Complainant Joselito F. Tejano filed an administrative complaint for disbarment against his counsel, Atty. Benjamin F. Baterina. The complaint stemmed from Atty. Baterina’s handling of Civil Case No. 4046-V, a suit for recovery of possession and damages filed by Tejano and his family against the Province of Ilocos Sur. Tejano alleged that Atty. Baterina failed to advance his cause by: (1) failing to object when the trial court declared they had waived their right to present evidence; (2) manifesting he would file a motion for reconsideration of that order but failing to do so; (3) declaring in open court they would not present witnesses without consulting his clients; and (4) failing to comply with the trial court’s order to submit their formal offer of exhibits. In his defense, Atty. Baterina explained his inaction was due to his two-year suspension from the practice of law in 2002, which he claimed was made known to his clients, and he pointed to the alleged bias of the presiding judge. The Integrated Bar of the Philippines (IBP) Board of Governors found Atty. Baterina guilty of gross negligence and recommended a two-year suspension, deleting a recommended fine.
ISSUE
Whether Atty. Benjamin F. Baterina is administratively liable for gross negligence in handling his client’s case and for disregarding court orders.
RULING
Yes, Atty. Baterina is administratively liable. The Court adopted the IBP’s finding of guilt but modified the penalty. The Court found that Atty. Baterina violated Canon 18 and Rules 18.03 and 18.04 of the Code of Professional Responsibility. His duty to his clients did not cease with his suspension; he had a concomitant responsibility to inform them of his inability to attend to their case and to advise them to retain another counsel. His failure to file required pleadings and to safeguard his clients’ interests constituted gross negligence. Furthermore, his disregard for the orders of both the trial court and the Supreme Court in his disciplinary proceedings showed disrespect for court authority. Considering this was his second disciplinary case and his pattern of neglect, the Court suspended Atty. Benjamin F. Baterina from the practice of law for five (5) years with a stern warning.