SECOND DIVISION
[A.C. No. 5174.
ERNESTO M. RAMOS, complainant, vs. ATTY. MARIANO A. DAJOYAG, JR., respondent.
D E C I S I O N
MENDOZA, J.:
This is a complaint filed by Ernesto M. Ramos against Atty.
Mariano A. Dajoyag, Jr. for negligence in failing to appeal a ruling of the
National Labor Relations Commission,[1]
which affirmed the dismissal by the Labor Arbiter of a complaint for illegal
dismissal filed by complainant against DCCD Engineering Corporation. In a letter addressed to the Chief Justice,
dated
As a result of the dismissal by the NLRC of my complaint, I have been physically and emotionally affected. Considering my status in the community of the respondents and where I live as a Civil Engineer, now 73 1/2 years of age, the illegal termination of my employment continuously caused me sleepless nights, mental anguish and torture, social humiliation and besmirch[ed] reputation. These have been compounded by the failure of my lawyer, Atty. MARIANO A. DAJOYAG, Jr. to file on time the petition for certiorari, which [the] Honorable Supreme Court dismissed with finality . . . To lessen the impact of my sufferings and mental torture, which I could no longer bear for nearly six years since I received the notice of termination of my services in December 1993, I finally decided to report my lawyer’s failure to perfect an appeal within the prescribed period which constitutes negligence and malpractice . . .
This fact arose out of case G.R. 125244 (Ernesto Ramos vs. National
Labor Relations Commission, DCCD Engineering Corp., et al.) Our motion for last
extension of time within which to file [a] petition for review on certiorari
[was] DENIED, “petitioner having been previously warned in the resolution of
July 24, 1996 that no further extension will be given” per resolution of the
First Division of [the] Honorable Court dated August 26, 1996. Our petition for certiorari filed on
Because it was not my fault or shortcoming but that of my lawyer,
Atty. Mariano A. Dajoyag, Jr., for his failure [in] his devotion to his client,
warmth and zeal in the defense of his client’s rights, it is requested that
said erring lawyer be duly sanctioned and my petition for certiorari be reconsidered
and accepted. Or through another
counsel, I be allowed to file another petition for certiorari with [an]
important addendum, which my said former lawyer failed to mention due to time
constraint in filing [the] petition for certiorari.[2]
Respondent denied the allegations against him. Commenting on the complaint, he said:
1. The records will show that complainant filed a complaint against DCCD Engineering Corp. on May 1994 before the National Labor Relations Commission docketed under NLRC-NCR Case No. 00-05-03667-94 for illegal lay-off, illegal deduction, overtime pay, service incentive leave pay, and related claims;
2. Complainant approached me being a “kababayan” from our hometown of Calaca, Batangas. He said that he was a friend of my late father, Atty. Mariano Dajoyag, Sr., and knew also my mother, Atty. Aurora Ampil Dajoyag, who is still living but in her middle eighties. After appealing to our common regional origin, complainant urged me to accept his case;
3. Being a kabayan, I was hesitant to secure a contract for legal services and that as it usually goes with such situation, it was “bahala na lang pag natapos ang kaso,”;
. . .
5. That before the Labor Arbiter, I filed the following:
a) Amended Complaint to implead proper parties and to include changes in the causes of action for a more plausible plea;
b) Position Paper consisting of 15 pages with annexes consisting of 11 pages;
c) Reply to Respondent’s Position Paper consisting of 16 pages and annexes consisting of 24 pages;
d) Memorandum for Complainant consisting of 22 pages and annexes consisting of 4 pages;
6. That after the case was
submitted for resolution, the Honorable Labor Arbiter dismissed the complaint in a decision dated
To this decision, I prepared a Memorandum of Appeal in behalf of Complainant consisting of 18 pages which I also filed within the reglementary period at my own expense except the appeal fee and legal research fee which complainant had to pay being the party-litigant;
7. After the filing of this Memorandum of Appeal, and the respondent Company had filed its opposition, the NLRC ruled to affirm the Labor Arbiter’s decision. The NLRC found that complainant was engaged as a consultant for a fixed period of time for which the termination of employment depended upon the termination of the agreement; and that complainant had also waived his right to file the complaint because he had executed a waiver and release wherein he expressly declared that his separation was legally valid. And there was no evidence that complainant was forced to sign this release which was held to be valid.
8. That in the face of this adverse ruling, I still filed a Motion for Reconsideration which was duly verified by complainant. This Motion for Reconsideration was thereafter denied in a Resolution, to wit:
“After due consideration of the Motion for Reconsideration filed by the complainant on February 9, 1996, from the Decision of January 22, 1996 of the Commission (Second Division) [the Court] RESOLVED to deny the same for lack of merit.”
9. That despite another adverse ruling and even as I have to attend to daily hearings of my other cases or attend to other paper work, I still prepare[d] a Petition for Certiorari with the Supreme Court.
10. Thus on
. . . .
12. That to my utter surprise and sadness, the Resolution of the Honorable Court granting my first Motion for Extension from June 25th to July 25th contained a warning that it should be the last but which I ONLY received on August 28th after I have already filed the second Motion for Extension for only 20 days and also the basic Petition for Certiorari.
To summarize:
A) Motion for First Extension 30 days
from
B) Motion for Second Extension for 20
days or from
C) Resolution dated July 24th granting First Motion for Extension from June 25th to July 25th with warning that no further extension shall be given-received ONLY on August 28th;
D) Petition for Certiorari filed on August 14th - exactly within the period of the request [for] second extension had this second extension for only 20 days been granted.
13. That as
mentioned above, the
“G.R. No. 124244 (Ernesto Ramos vs. National Labor Relations
Commission, DCCD Engineering Corp., et al.).
The motion of petitioner for extension of thirty (30) days from
14. That on
“G.R. No. 124244 (Ernesto Ramos vs. National Labor Relations Commission,
DCCD Engineering Corp., et al.,). The
motion of petitioner for a second extension of twenty (20) days from
15. That to this denial I filed a Motion for Reconsideration on
16. That prior to the filing of the Motion for Reconsideration of
the denial of the second Motion for Extension of Time to file petition, the
Honorable Court issued a Resolution dated
17. That pursuant to this Resolution, private respondent filed its
Comment and the Solicitor General requested for extension of time to file his
Comment. But after the Comment of
private respondent, the Honorable Court issued a Resolution dated
“G.R. No. 124244 (Ernesto Ramos v. National Labor Relations Commission, DCCD Engineering Corp., et al.). - Considering the private respondent’s Comment/Opposition to the petition for certiorari, the Court Resolved to DISMISS the petition for having been filed out of time.
The motion of the Solicitor General for an extension of thirty (30)
days from
18. That from the said Resolution dated December 2, 1996, the undersigned respondent counsel in behalf of complainant still filed a Motion for Reconsideration pleading for the reinstatement of the Petition[.] But inspite of my earnest and sincere efforts, the Honorable Court denied the Motion for Reconsideration with finality;
19. That complainant was properly informed of this adverse ruling. He insisted that I file another Motion for Reconsideration. I did not accede to his desire and I told him that the dismissal was with finality and we might be cited for contempt for filing such pleading. He was unhappy about it and that was the last time we saw each other.
. . . .
It appears that the Resolution granting my request for 1st extension contained a warning that no further extension would be given. BUT I WAS NOT AWARE OF THIS BECAUSE WHEN I FILED MY MOTION FOR LAST EXTENSION FOR ONLY 20 DAYS, I HAVE NOT YET RECEIVED THE COPY OF SAID RESOLUTION. And in fact, even at the time I filed the basic Petition for Certiorari, I HAVE NOT YET STILL received said July 24, 1996 Resolution.
I RELIED IN GOOD FAITH AND IN THE HONEST BELIEF THAT THE FIRST
MOTION FOR EXTENSION FOR 30 DAYS WOULD BE GRANTED - WITHOUT THE WARNING - SINCE
IT WAS MERELY A FIRST EXTENSION. Then
even as I was terribly saddled with heavy load and at times had some difficulty
in getting in touch with complainant, I dropped everything to be able to beat
the supposed deadline of
I am sorry if I had to rely in good faith that my Motion for 1st Extension of 30 days would be granted without the warning - as this was a first extension only; and also that I request for a second and last extension of 20 days for which I complied with the filing of the Petition for Certiorari on the last day of the supposed extended period.
. . . .
And even assuming there could be a charge of negligence, still this is excusable under existing jurisprudence. The Honorable Court declared in a case:
“Negligence is excusable where it is caused by failure to receive notice of the action or the trial, x x x” Fernandez vs Tan Tiong Tick, 1 SCRA 1138; underscoring supplied).
In this case, there was failure on my part to receive notice of the
action of the Honorable Court on my first motion for extension before I filed
the second and last motion for extension of time to file petition as well as
the basic petition for certiorari itself.[3]
The case was referred to the Integrated Bar of the
Acknowledging respondent’s efforts in prosecuting complainant’s case before the Labor Arbiter and the National Labor Relations Commission, the investigating commissioner found that respondent was not guilty of willful breach of professional duty but only of simple neglect of duty and accordingly recommended that he be given a mere reprimand. Thus, the investigating commissioner reasoned:
Respondent has failed to show that he exercised that degree of
competence and diligence required of him in prosecuting complainant’s petition for
certiorari before the Honorable Supreme Court.
His reliance on good faith cannot be credited fully in his favor. Lawyers should not presume that the courts
would grant their motion for extension of time to file the required pleading or
brief nor expect that the extension that may be granted shall be counted from
notice. They should file their brief or
pleadings within the extended period requested.
Failing in this, they have only themselves to blame if their appeal or
case is dismissed (Roxas vs. Court of Appeals, 156 SCRA 252). Neither would the fact that he has not been
paid his fees exonerate him from liability.
Every case a lawyer accepts deserves his full attention, diligence,
skill and competence regardless of its importance and whether he accepts it for
a fee or for free. (Santiago, et al. vs.
Atty. Amado R. Fojas, A.C. No. 4103, September 7, 1995).[4]
We find the investigating commissioner’s report and recommendation well taken.
First. Respondent pleads good faith and excusable neglect of duty. He stresses the fact that he filed the petition for certiorari within the 20-day period of extension that he sought in his second motion for extension and claims that he learned that the period of extension granted in his first motion for extension was inextendible only after the expiration of the two periods of extension that he prayed for.
Respondent’s contentions have no merit. The decision of the National Labor Relations
Commission affirming the Labor Arbiter’s dismissal of complainant’s claims against
his former employers was promulgated on
Meanwhile, on
To begin with, motions for extension are not granted as a matter of right but in the sound discretion of the court, and lawyers should never presume that their motions for extension or postponement will be granted or that they will be granted the length of time they pray for. Due diligence requires that they should conduct a timely inquiry with the division clerks of court of the action on their motions and the lack of notice thereof will not make them any less accountable for their omission.[6] Rule 12.03 of the Code of Professional Responsibility provides:
A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda of briefs, let the period lapse without submitting the same or offering an explanation for his failure to do so.
Regardless of the agreement he had with complainant with respect
to the payment of his fees, respondent owed it to complainant to do his utmost
to ensure that every remedy allowed by law is availed of.[7]
Rule 14.04 of the Code of Professional Responsibility enjoins every lawyer to
devote his full attention, diligence, skills, and competence to every case that
he accepts. Pressure and large volume of
legal work do not excuse respondent for filing the petition for certiorari out
of time.[8]
Respondent cites the ruling in Fernandez v. Tan Tiong Tick,[9] in support of his claim that his negligence is excusable. Such reliance is misplaced. In Fernandez v. Tan Tiong Tick, the appellant cited in support of his petition for the reopening of his case the failure of his former counsel to inform him of the status of his case. He argued that his own failure to inquire from his former counsel the status of his case was excusable. This Court rejected the contention:
Negligence is excusable where it is caused by failure to receive notice of the action or the trial, by a genuine and excusable mistake or miscalculation, by reliance upon assurances given by those upon whom the party had a right to depend, as the adverse party or counsel retained in the case, or a competent adviser, that it would not be necessary for him to take an active part in the case, or that the suit would not be prosecuted, by relying on another person to attend to the case for him, when such other person promised to do so, or was chargeable with that duty or by a well-founded belief that the case would not be reached for trial as it was in fact reached, or by other circumstances not involving fault of the moving party. . . .
The Court pointed out that appellant’s counsel was duly notified of the proceedings in the case, and appellant was bound by his counsel’s conduct and handling of his case.
In the case at bar, respondent was ill-informed about the disposition of his first motion for extension not by reason of genuine and excusable mistake or miscalculation but by his sheer negligence. It is noteworthy that the motions for extension, and even the petition for certiorari, were all filed at the last moment. Respondent had 120 days within which he could have filed the petition for certiorari. However, because of his cavalier attitude toward deadlines for the filing of pleadings, including the one set by himself in his first motion for extension, respondent lost the opportunity for filing the petition for review.
Nevertheless, having said this, it ought to be remembered, on the other hand, that respondent exerted efforts to protect the rights and interests of complainant, including trying to secure a reconsideration of the denial of his petition for certiorari in this Court. For this reason, we are inclined to adopt the investigating commissioner’s recommendation that respondent be merely reprimanded for his simple neglect of duty.
Second. Complainant prays that we admit and consider the merits of the petition for certiorari filed by respondent, or that he be allowed to file anew a separate petition for certiorari. We understand the plight of the complainant, but we cannot grant his plea. This is an administrative case, separate from G.R. No. 125244 in which the dismissal of the petition for certiorari was made. The resolution of the Court in that case operated as a judgment on the merits and is now final.[10] Indeed, public policy and sound practice demand that, at the risk of occasional errors, the judgments of courts should become final at some definite date fixed by law,[11] and that every party be bound by his counsel’s decision regarding the conduct of the case, including his mistakes, save only when the negligence of counsel is so gross, reckless, and inexcusable as to amount to a deprivation of the client’s day in court.[12] This is not the situation in this case.
WHEREFORE, Atty. Mariano A. Dajoyag, Jr. is REPRIMANDED. He is admonished henceforth to exercise greater care and diligence in the performance of his duties towards his clients and the courts and warned that repetition of the same or similar offense will be more severely dealt with.
Complainant’s prayer that the petition for certiorari filed by respondent be considered and given due course despite its denial for having been filed out of time is DENIED for lack of merit.
SO ORDERED.
Bellosillo, (Chairman), Quisumbing, Buena, and De Leon, Jr., JJ., concur.
[1] Through
Commissioners Victoriano R. Calaycay (ponente), Commissioners Raul T.
Aquino, and Rogelio I. Rayala.
[2] Rollo, pp.
1-2.
[3] Comment, pp. 2-5,
8-9; Rollo, pp. 11-14, 17-18.
[4] Report and
Recommendation, pp. 9-10.
[5] Philec Workers’
[6] Diman v. Alumbres, 299 SCRA
459 (1998); Videogram Regulatory Board v. Court of Appeals, 265 SCRA 50
(1996).
[7] Rosita Tan v. Atty. Jose L. Lapak,
G.R. No. 93707, Jan. 23, 2001; In
Re: Atty. David Briones, A.C. No. 5486, Aug. 15, 2001.
[8]
[9] 1 SCRA 1138 (1961).
[10] Bernarte v.
Court f Appeals, 263 SCRA 323 (1996) citing Venerando L. Agustin v.
The Office of the President, Republic of the
[11] Legarda v.
Court of Appeals, 250 SCRA 642 (1997).
[12] Alarcon v. Court of Appeals,
323 SCRA 716 (2000); Amil v. CA,
316 SCRA 317 (1999).