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In Re Clemente Soriano [G.R. No. L-24114 June 30, 1970]

16 Aug

Ponente: CASTRO, J.

FACTS:

Attorney Clemente Soriano, by virtue of a pleading entitled “Appearance” filed with this Court on October 10, 1969, entered his appearance in the a certain case (L-24114) as “chief counsel of record” for the respondents Marcelino Tiburcio, et al. This act in itself would have been innocuous were it not for the fact that it was done one year and eight months after the decision in this case became final. Atty. Soriano was in effect asking the Supreme Court to exhume this case from the archives. He alleged that sometime during the first week of October 1969, the respondent Marcelino Tiburcio, in his own behalf and as attorney-in-fact of the other respondents, went to him to engage his professional services in two cases, to wit: this terminated case (L-24114), and the case entitled “Varsity Hills vs. Hon. Herminio C. Mariano, etc., et al.” (L-30546). He relied on these premises without further communicating and ascertaining with the courts on its records.

ISSUE:

Whether or not Atty. Santiago’s conduct would warrant suspension from the practice of law.

HELD:

NO. Respondent was simply admonished.

RATIO:

Atty. Clemente M. Soriano was found guilty of gross negligence in the performance of his duties as a lawyer and as an officer of this Court. This inexcusable negligence would merit no less than his suspension from the practice of the law profession, were it not for his candor, at the hearing of this incident, in owning his mistake and the apology he made to this Court. It is the sense of this Court, however, that he must be as he is hereby severely censured. Atty. Soriano is further likewise warned that any future similar act will be met with heavier disciplinary sanction.

Atty. Soriano was ordered, in the case, to forthwith withdraw the appearance that he has entered as chief counsel of record for the respondents Marcelino Tiburcio, et al.

 
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Posted by on August 16, 2012 in Case Digests, Legal Ethics

 

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