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EDUARDO T. ABAY v. ATTY. RAUL T. MONTESINO

This case has been cited 5 times or more.

	AC. No. 6056 2015-09-09	FELICISIMA MENDOZA VDA. DE ROBOSA v. ATTYS. JUAN B. MENDOZA VILLARAMA, JR., J.
We have held that the failure of counsel to submit the appeal brief for his client within the reglementary period constitutes inexcusable negligence[39] an offense that entails disciplinary action.[40] The filing of a brief within the period set by law is a duty not only to the client, but also to the court.[41] The failure to file an appellate court brief without any justifiable reason thus deserves sanction.[42]
	AC. No. 9317 2014-06-04	ADELIA V. QUIACHON v. ATTY. JOSEPH ADOR A. RAMOS SERENO, C.J.
The failure of respondent to file an appeal from the CA Decision without any justifiable reason deserves sanction. Lawyers who disagree with the pursuit of an appeal should properly withdraw their appearance and allow their client to retain another counsel.[19]
	AC. NO. 5760 2005-09-30	HEIRS OF TIBURCIO F. BALLESTEROS v. ATTY. MANILEÑO N. APIAG CARPIO, J.
Respondent should know that every case a lawyer accepts deserves the lawyer's full attention, diligence, skill and competence regardless of its importance and whether he accepts it for a fee or for free.[57] It is a lawyer's sworn duty to present every remedy or defense within the authority of the law in support of his client's cause.[58] Any member of the bar worth his title cannot afford to practice the profession in a lackadaisical manner.[59]
	AC. No. 6238 2004-11-04	LINDA VILLARIASA-RIESENBECK v. ATTY. JAYNES C. ABARRIENTOS QUISUMBING, J.
Respondent should be reminded that once a lawyer agrees to take up the cause of a client, the lawyer owes fidelity to such cause.[29] The lawyer must serve the client with competence and diligence, and champion the client's cause with wholehearted fidelity, care, and devotion.[30] Otherwise stated, the lawyer owes entire devotion to the interest of the client, warm zeal in the maintenance and defense of the client's rights, and the exertion of the lawyer's utmost learning and ability to the end that nothing be taken or withheld from the client, save by the rules of law legally applied.[31] This simply means that the client is entitled to the benefit of any remedy and defense that is authorized by law and may expect the lawyer to assert every such remedy or defense.[32] Until the lawyer's withdrawal is properly done, the lawyer is expected to do his or her best for the interest of the client.
	AC. No. 5554 2004-06-29	LUIS DE GUZMAN v. ATTY. EMMANUEL M. BASA SANDOVAL-GUTIERREZ, J.
We sustain the IBP Board of Governor's finding that respondent was negligent in the performance of his professional duty towards complainant. Clearly, he violated the above Canons[14] and his lawyer's oath.