This case has been cited 1 times or more.
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2004-09-09 |
PANGANIBAN, J. |
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| First, as aptly determined by the appellate court, petitioner's counsel is guilty of simple, not gross, negligence. We cannot consider as gross negligence his resort to dilatory schemes, such as (1) the filing of at least three motions to extend the filing of petitioner's Answer; (2) his nonappearance during the scheduled pretrials; and (3) the failure to file petitioner's pretrial Brief, even after the filing of several Motions to extend the date for filing.[19] There was only a plain "disregard of some duty imposed by law,"[20] a slight want of care that "circumstances reasonably impose,"[21] and a mere failure to exercise that degree of care[22] that an ordinarily prudent person would take under the circumstances. There was neither a total abandonment or disregard of petitioner's case nor a showing of conscious indifference to or utter disregard of consequences.[23] | |||||