(Part 12) EN BANC HERNANDO, J. PORTUGUESE, JR. VS. ATTY. JERRY R. CENTRO
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| (Part 12) EN BANC HERNANDO, J., PORTUGUESE, JR. VS. ATTY. JERRY R. CENTRO [ A.C. No. 12875, January 26, 2021 ] |
The Lawyer's Oath mandates every lawyer to conduct himself/herself according to the best of his/her knowledge and discretion, with all good fidelity as well to the courts as to his/her clients. Atty. Centro, unfortunately, departed from his sworn oath by committing the following acts:
1) failing to file a Memorandum and even misrepresenting about filing it;
2) failing to inform Portuguese of the RTC's Decision;
3) failing to protect Portuguese's interest against the adverse RTC's Decision;
4) failing to inform Portuguese of the Motion for Execution, the scheduled hearing, and the resolution granting the said motion; and
5) failing to file an Answer to the instant Complaint. Worse, when Portuguese confronted him about the deliberate lapses concerning the civil case, the latter merely replied that there was nothing more he could do and that he was giving up the case for good.
In this case, Atty. Centro's unjustifiable negligence and abandonment of his client's cause violated the Lawyer's Oath as well as the CPR. He casually set aside a legal matter that was entrusted to him and which deserved his full attention and diligence. He was grossly negligent of his duty as counsel and was manifestly disinterested in his client's cause. He must be reminded that as a lawyer, he
"is duty-bound to serve his client with competence and to attend to his client's cause with diligence, care, and devotion. This is because a lawyer owes fidelity to his client's cause and must always be mindful of the trust and confidence reposed on him."
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In administrative proceedings against a lawyer, the Court, in the exercise of its disciplinary powers, "calls upon a member of the Bar to account for his actuations as an officer of the Court with the end in view of preserving the purity of the legal profession and the proper and honest administration of justice by purging the profession of members who by their misconduct have proved themselves no longer worthy to be entrusted with the duties and responsibilities pertaining to the office of an attorney." (This Court citing Mitchell v. Amistoso, A.C. No. 10713, September 8, 2020, and Ylaya v. Atty. Gacott, 702 Phil. 390, 407 (2013).
It is settled that "[a] member of the Bar may be penalized, even disbarred or suspended from his office as an attorney, for violation of the Lawyer's Oath and/or breach of the ethics of the legal profession as embodied in the [CPR]. For the practice of law is 'a profession, a form of public trust, the performance of which is entrusted to those who are qualified and who possess good moral character.' The appropriate penalty for an errant lawyer depends on the exercise of sound judicial discretion based on the surrounding facts."
In the case at bench, Atty. Centro, just like other lawyers who have been penalized before him, "demonstrated not just a negligent disregard of his duties as a lawyer but a wanton betrayal of the trust of his client, the Court, and the public, in general." As commensurate penalty for the damage, he brought upon the Portuguese, a three-year suspension from the practice of law upon him is fitting.
WHEREFORE, for violating the Lawyer's Oath and the Code of Professional Responsibility, Atty. Jerry R. Centro is hereby SUSPENDED from the practice of law for three (3) years and WARNED that a repetition of the same or similar act shall be dealt with more severely. Respondent is DIRECTED to file a Manifestation to this Court that his suspension has started, copy furnished all courts and quasi-judicial bodies where he has entered his appearance as counsel.
Read the full decision here:
https://lawphil.net/judjuris/juri2021/jan2021/ac_12875_2021.html
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