Facts
The spouses who filed an administrative complaint before the Integrated Bar of the Philippines (IBP) Commission on Bar Discipline
Who are Virgilio and Angelina Aranda?
the answer filed by Atty. Elayda as response to the complaint (pt. 1)
What is
7.That this case also referred to [Atty. Elayda] sometime December 2004 after the [spouses Aranda] and its former counsel failed to appear in court on February 7, 2005;
8. That from December 2004, the [spouses Aranda] did not bother to contact [Atty. Elayda] to prepare for the case and in fact on May 30, 2005, [Atty. Elayda] had to ask for postponement of the case for reason that he still have to confer with the [spouses Aranda] who were not around;
9. That contrary to the allegations of the [spouses Aranda], there was not a single instance from December 2004 that the [spouses Aranda] called up [Atty. Elayda] to talk to him regarding their case;
10. That the [spouses Aranda] from December 2004 did not even bother to follow up their case in court just if to verify the status of their case and that it was only on July 19, 2006 that they verified the same and also the only time they tried to contact [Atty. Elayda];
The decision of the Court in relation to the IBP Board of Governors' findings
What is finding no cogent reason to deviate from the findings and the conclusion of the IBP Board of Governors that Atty. Elayda was negligent and unmindful of his sworn duties to his clients?
the youngest blockmate
Who is Gabriel Calo?
The charge filed against Atty. Emmanuel F. Elayda
What is gross negligence or gross misconduct in handling the case of the spouses Aranda?
the answer filed by Atty. Elayda as response to the complaint (pt. 2)
What is
11. Â That the [spouses Aranda] admitted in their Complaint that they only tried to contact [Atty. Elayda] when the writ of execution was being implemented on them;
12. Â That during the scheduled hearing of the case on February 14, 2006, [Atty. Elayda] was in fact went to RTC, Branch 72, Olongapo City and asked Mrs. Edith Miano to call him in Branch 73 where he had another case if the [spouses Aranda] show up in court so that [Atty. Elayda] can talk to them but obviously the [spouses Aranda] did not appear and Mrs. Miano did not bother to call [Atty. Elayda];
13. Â That [Atty. Elayda] was not at fault that he was not able to file the necessary pleadings in court because the [spouses Aranda] did not get in touch with him;
14. Â That [Atty. Elayda] cannot contact the [spouses Aranda] for the latter failed to give their contact number to [Atty. Elayda] nor did the [spouses Aranda] go to his office to leave their contact number;
14. Â That the [spouses Aranda] were negligent in their "I don't care attitude" towards their case and for this reason that they alone should be blamed for what happened to their case . . . ."
The case of Abay v. Montesino
Which case did the SC hold the ff:
The legal profession is invested with public trust. Its goal is to render public service and secure justice for those who seek its aid. Thus, the practice of law is considered a privilege, not a right, bestowed by the State on those who show that they possess and continue to possess the legal qualifications required for the conferment of such privilege.
Verily, lawyers are expected to maintain at all times a high standard of legal proficiency and of morality — which includes honesty, integrity and fair dealing. They must perform their four-fold duty to society, the legal profession, the courts and their clients in accordance with the values and norms of the legal profession, as embodied in the Code of Professional Responsibility. Any conduct found wanting in these considerations, whether in their professional or private capacity, shall subject them to disciplinary action. In the present case, the failure of respondent to file the appellant's brief was a clear violation of his professional duty to his client.
the blockmate with a degree of BS Nutrition
Who is Ashley Casauay?
The name of the case were the spouses Aranda were defendants
What is Martin V. Guballa v. Spouses Angelina and Virgilio Aranda?
The Investigating Commissioner's decision adopted by IBP Board of Governors indicating the punishment and duration
What is
suspension from the practice of law for a period of six months for Atty. Elayda, which shall take effect from the date of notice of receipt of the finality of this DECISION?
The applicable canons of the CPRA for this case
What is
CANON 17 — A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM.
CANON 18 — A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE.
Rule 18.02 — A lawyer shall not handle any legal matter without adequate preparation.
Rule 18.03 — A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable.
Rule 18.04 — A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable time to the client's request for information.
CANON 19 — A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW.
the beadle for LegProf
Who is Vivi Roxas?
The way Atty. Elayda handled the case according to the spouses
What is "sorely inadequate, as shown by his failure to follow elementary norms of civil procedure and evidence,"?
The IBP Board of Governors decision indicating that a repetition of the same or similar acts will merit a more severe penalty.
What is being sternly WARNED?
The duties of Atty. Elayda
What are the following:
1. uphold and safeguard the interests of his clients.
2.be conscientious, competent and diligent in handling his clients' cases
3. give adequate attention, care, and time to all the cases he is handling.
4. monitor the progress of said spouses' case and is obligated to exert all efforts to present every remedy or defense authorized by law to protect the cause espoused by the spouses
the blockmate who was given the "National Book Store Award" last Christmas party
Who is Pau Magsino?
The details of Atty. Elayda's gross misconduct
What are the ff:
1. not appearing on the hearing of the case on Feb. 14, 2006
2. order of the hearing was not sent to spouses; they were unaware of the hearing
3. Atty. Elayda not reconsidering or setting aside the original date of the hearing
4. court rendered a judgment adverse to the spouses which copy was only sent to Atty. Elayda
The petition filed by Atty. Elayda to the Supreme Court
What is a petition for review?
the court's stance on communication
What is "it is the counsel's primary duty to inform his clients of the status of their case and the orders which have been issued by the court"
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Atty. Elayda's excuse that he did not have the spouses Aranda's contact number and that he did not know their address is simply unacceptable.
the blockmate who graduated from the National Yang Ming Chiao Tung University
Who is Sam Co?