FACTS: This is a complaint for disbarment and damages filed by spouses Lolita and Romy Galen, spouses Enriqueta and Tomas Rasdas, and spouses Esperanza and Ernesto Villa against Atty. Antonio B. Paguirigan.
It appears that Atty. Paguirigan failed to file the Appellees Brief for the complainants due to his mistaken belief that the trial court’s decision would be affirmed. To make matters worse, after being granted a 30-day extension of the time to file a petition for review of the decision of the Court of Appeals, he again lost through default the benefit of the extension granted as he failed to file his petition for review within the extended period granted. He faults the Supreme Court in not acting on his motion until close to the end of the 30-day period he was asking for.
ISSUE: Whether Atty. Paguirigan is guilty of gross negligence in the performance of his duty.
HELD: Yes. While the failure to file the appellee’s brief in a case is not a ground for an adverse ruling against the appellee, unlike the failure to file the appellant’s brief which may result in the dismissal of an appeal, nonetheless, the importance of filing an appellee’s brief cannot be gainsaid. As has been pointed out repeatedly, “Upon appeal, the appellate court, not being in position to hear firsthand the testimony of parties, can only place great reliance on the briefs and memoranda of the parties. The failure to submit these pleadings could very well be fatal to the cause of the client.”
Worse, respondent failed to file his petition for review within the extended period granted and even faulting the SC for his failure. It only succeeds in showing his ignorance of two basic principles: first, that a party cannot presume that his motion will be granted, and, second, that any extension granted is always counted from the last day of the reglementary period or the last period of extension previously sought and/ or granted. The last rule is important because unless the extension from the last day of the reglementary period or the day of last extension is granted, this period would become inextendible. Respondent is thus guilty of violation of Rule 12.03 0f the Code of Professional responsibility which provides that “A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda, or briefs, let the period lapse without submitting the same or offering an explanation for hi failure to do so”.
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