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    14 Tejano vs. Baterina

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    mei atienza
    The document discusses a case between Joselito Tejano and his lawyer Benjamin Baterina. Tejano filed a complaint that Baterina failed to advance his case. The Court found Baterina liable for gross negligence. Under the Code of Professional Responsibility, lawyers must serve clients with competence and diligence.

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    14 Tejano vs. Baterina

    Uploaded by

    mei atienza
    32 views1 page
    The document discusses a case between Joselito Tejano and his lawyer Benjamin Baterina. Tejano filed a complaint that Baterina failed to advance his case. The Court found Baterina liable for gross negligence. Under the Code of Professional Responsibility, lawyers must serve clients with competence and diligence.

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    The document discusses a case between Joselito Tejano and his lawyer Benjamin Baterina. Tejano filed a complaint that Baterina failed to advance his case. The Court found Baterina liable for gross negligence. Under the Code of Professional Responsibility, lawyers must serve clients with competence and diligence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    32 views1 page

    14 Tejano vs. Baterina

    Uploaded by

    mei atienza
    The document discusses a case between Joselito Tejano and his lawyer Benjamin Baterina. Tejano filed a complaint that Baterina failed to advance his case. The Court found Baterina liable for gross negligence. Under the Code of Professional Responsibility, lawyers must serve clients with competence and diligence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    JOSELITO F. TEJANO, petitioner, vs. ATTY. BENJAMIN F. BATERINA, respondent.

    [A.C. No. 8235, January 27, 2016.]

    FACTS: Joselito F. Tejano filed an Affidavit-Complaint before the Office of the Court Administrator of
    the Supreme Court against his counsel, Atty. Baterina “miserably failed to advance [his] cause”, and
    Judge Dominador Arquelada of acting in conspiracy to take possession of his property, which was the
    subject matter of litigation in the judge’s court. The Court required Atty. Baterina to file a
    Comment on the complaint to which he explained that he had been recuperating from a kidney
    transplant when he received a copy of the complaint.

    The Court, found Atty. Baterina’s explanation “not satisfactory” and admonished him “to be
    more heedful of the Court’s directives” and referred the case to the IBP for investigation, report and
    recommendation, which found sufficient ground for disciplinary action against Atty. Baterina.

    ISSUE: Whether or not Atty Baterina was liable for gross negligence in his duty as counsel to his client.

    HELD: Yes. The Court adopts the IBP’s report and recommendation, with modification as to the
    penalty. The Code of Professional Responsibility governing the conduct of lawyers states:

    CANON 18 – A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE.
    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.

    When a lawyer agrees to take up a client’s cause, he makes a commitment to exercise due
    diligence in protecting the latter’s rights. Once a lawyer’s services are engaged, “he is duty bound to
    serve his client with competence, and to attend to his client’s cause with diligence, care and devotion
    regardless of whether he accepts it for a fee or for free. He owes fidelity to such cause and must always
    be mindful of the trust and confidence reposed on him.” 25 A lawyer’s acceptance to take up a case
    “impliedly stipulates [that he will] carry it to its termination, that is, until the case becomes final and
    executory”.

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