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ERLINDA MAPAGAY v. PEOPLE

This case has been cited 1 times or more.

2013-10-02
REYES, J.
The petitioner, however, failed to present any exceptional, special or meritorious circumstance that will excuse the belated filing of her notice of appeal. As correctly ruled by the CA, her assertion that her counsel on record failed to communicate to her the status of her case is a "tenuous and implausible" excuse.[17]  The rule is that the omission or negligence of counsel binds the client. This is truer if the client did not make a periodic check on the progress of her case.[18] In this case, aside from heaving the fault entirely on her counsel, the petitioner did not even attempt to show that she exercised diligent efforts in making sure that she is brought up to date as regards the status of her case or the steps being taken by her counsel in the defense of her case.