G.R. No. L-22697 November 2, 1965
People of the Philippines, plaintiff-appellee, vs. Donion Tan y Cui @ Doning, defendant-appellant.

FACTS

Atty. Marcelino N. Sayo, counsel for the appellant, was granted a thirty-day extension until September 29, 1965, to file the appellant’s brief. As of October 14, 1965, the brief had not been filed. The Court required Atty. Sayo to explain within ten days why no disciplinary action should be taken against him. In his verified explanation, Atty. Sayo claimed he had been sickly, “suffering from hypertension” for the last six months.

ISSUE

Whether Atty. Marcelino N. Sayo’s explanation for his failure to file the appellant’s brief on time is satisfactory to excuse him from disciplinary action.

RULING

No, the explanation is not satisfactory. The Court found it insufficient for three reasons: first, it was not supported by a medical certificate; second, hypertension alone generally does not prevent the preparation of a brief; and third, even if he were incapacitated, he could have informed the Court in due time to avoid delay. Consequently, Atty. Marcelino N. Sayo is ordered to pay a fine of Fifty Pesos (P50.00). The Clerk of Court is directed to submit the name of an attorney-at-law to be appointed as counsel de officio for the appellant.