42 Moton V Cadiao

EN BANC
[A.C. No. 5169. November 24, 1999.]

(Formerly Adm. Case No. CBD 367)
ELMO S. MOTON, complainant, vs.
ATTY.
RAYMUNDO
D.
CADIAO,
respondent.
Public Attorney's Office for complainant.
SYLLABUS
1. LEGAL AND JUDICIAL ETHICS; CODE OF
PROFESSIONAL
RESPONSIBILITY;
LAWYERS
SHOULD
NOT
NEGLECT
LEGAL
MATTER
ENTRUSTED TO THEM. Canon 18, Rule 18.03 of the
Code of Professional Responsibility provides that a
lawyer shall not neglect a legal matter entrusted to him
and his negligence in connection therewith shall render
him liable.
DEcITS
2. ID.; ID.; ID.; PRACTICING LAWYER SHOULD ONLY

ACCEPT THOSE CASES THAT HE CAN EFFICIENTLY
HANDLE. He should give adequate attention, care
and time to his cases. This is why a practicing lawyer
may accept only so many cases that he can efficiently
handle. Otherwise, his clients will be prejudiced. Once he
agrees to handle a case, he should undertake the task
with dedication and care. If he should do any less, then
he is not true to his lawyer's oath.
TEAaDC
RESOLUTION
PARDO, J :
p
The case is a verified letter-complaint for disbarment 1

against Atty. Raymundo D. Cadiao, for violation of the
lawyer's oath.
LLjur
The antecedent facts show that on September 29, 1987,

complainant Elmo S. Moton filed with the Regional Trial
Court, Quezon City, a civil complaint against Pablito M.
Castillo and The Philippine Veterans Bank denominated
as Right to Use Urban Land and Damages. 2
On August 14, 1990, when the case was scheduled for
pre-trial conference, the complainant's counsel, Atty.
Raymundo D. Cadiao, failed to appear, hence, the court
dismissed the case. 3 On August 15, 1990, Atty. Cadiao
filed with the trial court an entry of appearance for the
complainant and a motion for reconsideration of the
dismissal of the case. 4 Acting on the motion, the court
set aside the August 14, 1990 order of dismissal and
reset the pre-trial conference on May 5, 1991. 5
On May 5, 1991, upon motion of Atty. Cadiao, the court
declared the defendant Castillo in default and allowed
plaintiffs to present their evidence ex-parte before a
Commissioner. 6 It turned out that the court appointed
Commissioner was on official leave. Consequently,
plaintiffs filed a motion for appointment of a substitute
Commissioner. The court granted the motion in an order
dated June 28, 1991. The reception of evidence was set
on August 13, 1991. 7
On August 2, 1991, Atty. Cadiao filed a motion to reset

the hearing from August 13, 1991 to August 26, 27, 28 or
29, 1991, for the reason that he had to attend a
scheduled hearing in Antique. 8 At the hearing of the
motion on August 9, 1991, respondent was absent
because he had left for Antique. Therefore, the court
denied the motion to reset hearing. A subsequent motion
for reconsideration with prayer to set case for reception
of evidence was similarly denied. 9
cda
On November 20, 1991, Atty. Cadiao filed with the Court

of Appeals a petition for certiorari alleging that the trial
court acted with grave abuse of discretion amounting to
lack of jurisdiction when it dismissed the case. On
October 23, 1992, the Court of Appeals dismissed the
petition for lack of merit. 10
On January 20, 1993, respondent filed with the Court of
Appeals a Withdrawal of Appearance. 11
Hence, this complaint. 12
After conducting hearings at which respondent was
allowed to adduce evidence, on November 28, 1998, the
Commission on Bar Discipline, Integrated Bar of the
Philippines, submitted its Report finding respondent Atty.
Raymundo D. Cadiao liable for negligence in handling
the complainant's case and recommended that Atty.
Cadiao be fined Two Thousand (P2,000.00) Pesos with a
warning that any similar negligence will be dealt with
more severely. 13
In his answer to the complaint filed with the Commission
on Bar Discipline, 14 Atty. Raymundo D. Cadiao
contended that the main reason for the undue delay in
the presentation of evidence in Civil Case No. Q-51909

was the inability of the complainant to furnish him with
the original copies of the evidence and that his failure to
appear during the scheduled hearing was due to a
compelling need to appear in another case in Antique
which made it impossible for him to attend both hearings.
Canon 18, Rule 18.03 of the Code of Professional
Responsibility provides that a lawyer shall not neglect a
legal matter entrusted to him and his negligence in
connection therewith shall render him liable. In this case,
by reason of Atty. Cadiao's negligence, actual loss has
been caused to his client Elmo S. Moton. He should give
adequate attention, care and time to his cases. This is
why a practising lawyer may accept only so many cases
that he can efficiently handle. Otherwise, his clients will
be prejudiced. Once he agrees to handle a case, he
should undertake the task with dedication and care. If he
should do any less, then he is not true to his lawyer's
oath.
cdtai
In light of the foregoing, the Court agrees with the

findings of the Commission on Bar Discipline, Integrated
Bar of the Philippines, declaring respondent liable for
negligence in the handling of complainant's case.
ACCORDINGLY, the Court resolved to impose on
respondent Atty. Raymundo D. Cadiao a fine of
P2,000.00 payable to this Court within ten (10) days from
notice, with warning that a repetition of similar acts will be
dealt with more severely.
SO ORDERED.
Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Kapunan,
Mendoza, Panganiban, Quisumbing, Purisima, Buena,

Gonzaga-Reyes, Ynares-Santiago and De Leon, Jr., JJ.,
concur.
Footnotes
1. Dated May 30, 1995, filed by Elmo S. Moton.

2. Docketed as Civil Case No. Q-51909.
3. Record, Commission on Bar Discipline, p. 64.
4. Ibid., at pp. 65-66.
5. See Report, p. 2, Record, p. 83.
6. Record, p. 67.
7. Record, p. 68.
8. Record, pp. 69-70.
9. Record, p. 9; Report, p. 2, Record, p. 83.
10. Record, pp. 21, 71-75.
11. Rollo, p. 12.
12. Rollo, p. 1.
13. Rollo, pp. 80-85.
14. Filed on December 26, 1995, Rollo, pp. 14-17.
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EN BANC

[A.C. No. 5169. November 24, 1999.]

2. ID.; ID.; ID.; PRACTICING LAWYER SHOULD ONLY

The case is a verified letter-complaint for disbarment 1

The antecedent facts show that on September 29, 1987,

On August 2, 1991, Atty. Cadiao filed a motion to reset

On November 20, 1991, Atty. Cadiao filed with the Court

the presentation of evidence in Civil Case No. Q-51909

In light of the foregoing, the Court agrees with the

Mendoza, Panganiban, Quisumbing, Purisima, Buena,

1. Dated May 30, 1995, filed by Elmo S. Moton.

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