*
A.C. No. 7504. November 23, 2007.
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* THIRD DIVISION.
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accepts it for a fee or for free. Certainly, a member of the Bar who
is worth his title cannot afford to practice the profession in a
lackadaisical fashion. A lawyer’s lethargy from the perspective of
the Canons is both unprofessional and unethical.
142
RESOLUTION
CHICO-NAZARIO, J.:
1
Before Us is a Complaint for Disbarment filed by com-
plainant Virginia Villaflores against respondent Atty. Sina-
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143
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2 Id., at p. 9.
3 Id., at pp. 5-6.
4 Id., at p. 9.
5 Id., at p. 8.
144
On 14 January
6
2005, complainant received a copy of a
Resolution dated 6 January 2005 issued by the Court of
Appeals dismissing her appeal for failure to file her
appellant’s brief within the reglementary period. Thus, on
17 January 2005, complainant went to respondent’s office
but failed to see respondent.
After several unsuccessful attempts to talk to the
respondent, complainant went to Manila on 18 January
2005 to seek help from another lawyer who agreed to
handle the case for her. On 19 January 2005, complainant
went back to the re-spondent’s office to retrieve the records
of her case. Respondent allegedly refused to talk to her.
Aggrieved by respondent’s actuations, complainant filed
the instant administrative
7
complaint against respondent.
In her Answer, respondent admitted her issuance of the
acknowledgment receipts for the aggregate amount of
P22,000.00, the execution of the Employment Contract
between her and complainant, and the issuance by the
Court of Appeals of the Notice to File Appellant’s Brief and
Resolution dated 6 January 2005. She, however, denied all
other allegations imputed against her. Respondent argued
that the non-filing of the appellant’s brief could be
attributed to the fault of the complainant who failed to
inform her of the exact date of receipt of the Notice to File
Appellant’s Brief from which she could reckon the 45-day
period to file the same. Complainant allegedly agreed to
return to respondent once she had ascertained the actual
date of receipt of said Notice, but she never did.
Complainant supposedly also agreed that in the event she
could not give the exact date of receipt of the Notice,
respondent would just wait for a new Order or Resolution
from the Court of Appeals before she would file the
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6 Id., at p. 10.
7 Id., at pp. 21-30.
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10 Solatan v. Inocentes, A.C. No. 6504, 9 August 2005, 466 SCRA 1, 11.
11 Id.
147
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12 Tan v. Lapak, 402 Phil. 920, 929-930; 350 SCRA 74, 84 (2001).
13 432 Phil. 1064, 1070; 383 SCRA 484, 490-491 (2002).
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14 A.C. No. 5485, 16 March 2005, 453 SCRA 410, 419, cited in Heirs of
Tiburcio Ballesteros, Sr. v. Apiag, A.C. No. 5760, 30 September 2005, 411
SCRA 111, 124.
15 Jardin v. Villar, Jr., 457 Phil. 1, 9; 410 SCRA 1, 8 (2003).
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16 Adecer v. Akut, A.C. No. 4809, 3 May 2006, 489 SCRA 1, 12-13.
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17 Ginete v. Court of Appeals, 357 Phil. 36, 48; 296 SCRA 38, 47 (1998).
18 337 Phil. 555, 558; 271 SCRA 109, 112 (1997).
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