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MARIO S. MARIVELES v. ATTY. ODILON C. MALLARI

This case has been cited 6 times or more.

	AC. No. 5686 2015-06-16	TEODULO F. ENRIQUEZ v. ATTY. EDILBERTO B. LAVADIA PER CURIAM
In Mariveles v. Mallari,[45] we disbarred Atty. Mallari for violating Rules 12.03 and 18.03 of the CPR. There, Atty. Mallari, after being granted a total of 245 days to file his client's appellant's brief failed to file the same, resulting in the dismissal of the appeal. The Court considered Atty. Mallari's act a shameless disregard of his duties as a lawyer and found him to be unfit for membership in the noble profession.[46] In the recent case of Figueras v. Jimenez,[47] Atty. Jimenez was found administratively liable for failing to file the appellant's brief on behalf of his client.
	AC. No. 9116 2014-03-12	NESTOR B. FIGUERAS v. ATTY. DIOSDADO B. JIMENEZ VILLARAMA, JR., J.
It has been stressed that the determination of whether an attorney should be disbarred or merely suspended for a period involves the exercise of sound judicial discretion.[22] The penalties for a lawyer's failure to file a brief or other pleading range from reprimand,[23] warning with fine,[24] suspension[25] and, in grave cases, disbarment.[26] In the present case, we find too harsh the recommendation of the IBP Board of Governors that respondent be suspended from the practice of law for a period of six months. Under the circumstances, we deem the penalty of suspension for one month from the practice of law to be more commensurate with the extent of respondent's violation.
	A C. NO. 7504 2007-11-23	VIRGINIA VILLAFLORES v. ATTY. SINAMAR E. LIMOS CHICO-NAZARIO, J.
In cases involving a lawyer's failure to file a brief or other pleadings before an appellate court, we did not hesitate to suspend the erring member of the Bar from the practice of law for three months,[25] six months,[26] or even disbarment in severely aggravated cases.[27]
	AC. No. 7421 2007-10-10	ELISA V. VENTEREZ v. ATTY. RODRIGO R. COSME CHICO-NAZARIO, J.
The determination of the appropriate penalty to be imposed on an errant lawyer involves the exercise of sound judicial discretion based on the facts of the case.[27] In cases of similar nature, the penalty imposed by the Court consisted of reprimand,[28] fine of five hundred pesos with warning,[29] suspension of three months,[30] six months[31] and even disbarment[32] in an aggravated case.
	AC. NO. 5760 2005-09-30	HEIRS OF TIBURCIO F. BALLESTEROS v. ATTY. MANILEÑO N. APIAG CARPIO, J.
The appropriate penalty on an errant lawyer depends on the exercise of sound judicial discretion based on the surrounding facts.[60] The penalties for a lawyer's failure to file a brief or other pleading range from reprimand,[61] warning with fine,[62] suspension[63] and, in grave cases, disbarment.[64] In the present case, we agree with the penalty recommended by the IBP Board of Governors since respondent was clearly negligent in handling a number of cases.
	AC. No. 3967 2003-09-03	ARTEMIO ENDAYA v. ATTY. WILFREDO OCA TINGA, J.
The determination of the appropriate penalty to be imposed on an errant attorney involves the exercise of sound judicial discretion based on the facts of the case.[50] In cases of similar nature, the penalty imposed by this Court consisted of reprimand,[51] fine of five hundred pesos with warning,[52] suspension of three months,[53] six months,[54] and even disbarment in aggravated cases.[55]