Ramiscal vs. Orro

ANGELITO RAMISCAL and MERCEDES ORZAME vs. ATTY. EDGAR S.
ORRO
A.C. No. 10945 February 23, 2016
Fats: Complainants Spouses Ramiscal engaged in the legal services of respondent Atty. Edgar Orro to handle a case
in which they were defendants seeking the declaration of nullity of title to a parcel of land in Isabela. Respondent
received P10,000 acceptance fee from them and handled the trial of their case until RTC decided in their favor. The
Plaintiffs appeal to the CA to which the respondent requested from the complainants an additional P30,000 for the
preparation and submission of their appellees brief in the CA. The CA reversed the decision of the RTC but the
respondent did not inform the complainants. They had trouble communicating with respondent. When they finally
reached him, he requested for an additional P7,000 as fee for filing a motion for reconsideration which he did not
file. Complainants lost their property measuring 8.479 hectares with a probable worth of P3,391,600.
Issue: Whether or not Atty. Edgar Orro may be suspended from the practice of law due to his gross misconduct.
Ruling:
1. Attorneys; Legal Ethics; Lawyers Oath; Every lawyer, upon becoming a member of the Philippine Bar,
solemnly takes the Lawyers Oath, by which he vows, among others, that: I will delay no man for money or
malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion, with all
good fidelity as well to the courts as to my clients.Every lawyer, upon becoming a member of the
Philippine Bar, solemnly takes the Lawyers Oath, by which he vows, among others, that: I will delay no
man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and
discretion, with all good fidelity as well to the courts as to my clients . If he should violate the vow, he
contravenes the Code of Professional Responsibility, particularly its Canon 17, and Rules 18.03 and 18.04 of
Canon 18, viz.: CANON 17 A lawyer owes fidelity to the cause of his client and he shall be mindful of the
trust and confidence reposed in him. CANON 18 A lawyer shall serve his client with competence and
diligence. x x x x 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 clients request for information.
2. Attorney-Client Relationships; As an essential part of their highly fiduciary relationship, the client is
entitled to the periodic and full updates from the lawyer on the developments of the case .It is beyond
debate that the relationship of the lawyer and the client becomes imbued with trust and confidence from
the moment that the lawyer-client relationship commences, with the lawyer being bound to serve his clients
with full competence, and to attend to their cause with utmost diligence, care and devotion. To accord with
this highly fiduciary relationship, the client expects the lawyer to be always mindful of the formers cause
and to be diligent in handling the formers legal affairs. As an essential part of their highly fiduciary
relationship, the client is entitled to the periodic and full updates from the lawyer on the developments of
the case. The lawyer who neglects to perform his obligations violates Rule 18.03 of Canon 18 of the Code of
Professional Responsibility.
3. Attorneys; Legal Ethics; His unexplained disregard of the orders issued to him by the Integrated Bar of
the Philippines (IBP) to comment and to appear in the administrative investigation of his misconduct
revealed his irresponsibility as well as his disrespect for the IBP and its proceedings.We further underscore
that the respondent owed it to himself and to the entire Legal Profession of the Philippines to exhibit due
respect towards the IBP as the national organization of all the members of the Legal Profession. His
unexplained disregard of the orders issued to him by the IBP to comment and to appear in the
administrative investigation of his misconduct revealed his irresponsibility as well as his disrespect for the
IBP and its proceedings. He thereby exposed a character flaw that should not tarnish the nobility of the
Legal Profession. He should always bear in mind that his being a lawyer demanded that he conduct himself
as a person of the highest moral and professional integrity and probity in his dealings with others. He should
never forget that his duty to serve his clients with unwavering loyalty and diligence carried with it the
corresponding responsibilities towards the Court, to the Bar, and to the public in general.
4. Same; Misconduct; There can be no question that a lawyer is guilty of misconduct sufficient to justify his
suspension or disbarment if he so acts as to be unworthy of the trust and confidence involved in his official
oath and is found to be wanting in that honesty and integrity that must characterize the members of the Bar
in the performance of their professional duties.There can be no question that a lawyer is guilty of
misconduct sufficient to justify his suspension or disbarment if he so acts as to be unworthy of the trust and
confidence involved in his official oath and is found to be wanting in that honesty and integrity that must
characterize the members of the Bar in the performance of their professional duties. Based on all the
circumstances in this case, we approve the recommendation of the IBP for the respondents suspension
from the practice of law for a period of two years. Although the Court imposed a six-month suspension from
the practice of law on lawyers violating Canons 17 and 18 of the Code of Professional Responsibility, the
recommended penalty is condign and proportionate to the offense charged and established because his
display of disrespectful defiance of the orders of the IBP aggravated his misconduct.

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ANGELITO RAMISCAL and MERCEDES ORZAME vs. ATTY. EDGAR S.

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