This case has been cited 2 times or more.
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2016-01-27 |
MENDOZA, J. |
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| Similarly, the negligence of the petitioner's counsel was evidently so gross as to call for the exercise of this Court's equity jurisdiction. Clearly, the negligence of Atty. Baniaga was unconscionable and inexcusable. It was highly suspicious, if not outright deliberate. Obviously, he fell short of the high standard of assiduousness that a counsel must perform to safeguard the rights of his clients.[43] At the inception, CEZA was already deprived of its right to present evidence during the trial of the case when Atty. Baniaga filed a joint manifestation submitting the case for decision based on the pleadings without informing CEZA. In violation of his sworn duty to protect his client's interest, Atty. Baniaga agreed to submit the case for decision without fully substantiating their defense. Worse, after he received a copy of the decision, he did not even bother to inform his client and the OGCC of the adverse judgment. He did not even take steps to protect the interests of his client by filing an appeal. Instead, he allowed the judgment to lapse into finality. Such reckless and gross negligence deprived CEZA not only of the chance to seek reconsideration thereof but also the opportunity to elevate its case to the CA. | |||||
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2013-09-09 |
BERSAMIN, J. |
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| By the same token, a client has the absolute right to terminate the attorney-client relationship at any time with or without cause.[37] But this right of the client is not unlimited because good faith is required in terminating the relationship. The limitation is based on Article 19 of the Civil Code, which mandates that "[e]very person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith." The right is also subject to the right of the attorney to be compensated. This is clear from Section 26, Rule 138 of the Rules of Court, which provides:Section 26. Change of attorneys. - An attorney may retire at any time from any action or special proceeding, by the written consent of his client filed in court. He may also retire at any time from an action or special proceeding, without the consent of his client, should the court, on notice to the client and attorney, and on hearing, determine that he ought to be allowed to retire. In case of substitution, the name of the attorney newly employed shall be entered on the docket of the court in place of the former one, and written notice of the change shall be given to the adverse party. | |||||