J.A.B. Bulao & Associates

CASE 2016-0066: TEODORO B. CRUZ, JR., COMPLAINANT -VERSUS – ATTYS. JOHN G. REYES, ROQUE BELLO AND CARMENCITA A. ROUS-GONZAGA, RESPONDENTS. (A.C. NO. 9090, 31 AUG 2016, PEREZ, J.) (BRIEF TITLE: CRUZ VS. ATTY. REYES ET AL)

DISPOSITIVE:

“IN VIEW OF THE FOREGOING, respondent’s Motion for Reconsideration is PARTIALLY GRANTED. The Resolution of the Court dated 22 August 2012 is hereby modified in that respondent Atty. John G. Reyes is REPRIMANDED for his failure to exercise the necessary prudence required in the practice of the legal profession. He is further WARNED that a repetition of the same or similar acts shall be dealt with more severely.

SO ORDERED.”

SUBJECTS/DOCTRINES/DIGEST:

The foregoing notwithstanding, it cannot be said that respondent has no liability at all under the circumstances. His folly, though, consists in his negligence in accepting the subject cases without first being fully apprised of and evaluating the circumstances surrounding them. We, nevertheless, agree with respondent that such negligence is not of contumacious proportions as to warrant the imposition of the penalty of suspension. This Court finds the penalty of suspension for one ( 1) year earlier imposed on respondent too harsh and not proportionate to the offense committed. “The power to disbar or suspend must be exercised with great caution. Only in a clear case of misconduct that seriously affects the standing and character of the lawyer as an officer of the Court and member of the bar will disbarment or suspension be imposed as a penalty.”42 The penalty to be meted out on an errant lawyer depends on the exercise of sound judicial discretion taking into consideration the facts surrounding each case.43

In this connection, the following circumstances should be taken into consideration in order to mitigate respondent’s responsibility: first respondent exhibited enough candor to admit that he was negligent and remiss in his duties as a lawyer when he accommodated the request of another lawyer to handle a case without being first apprised of the details and acquainted with the circumstances relative thereto; and second, since this is his first offense, respondent “is entitled to some measure of forbearance. “44

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scd-2016-0066-atty-john-g-reyes

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