2025 Bar Chair's Cases Bar Q and A Legal and Judicial Ethics - Q1

 

Edgardo Morales (Morales) engaged the legal services of Atty. Ramiro B. Borres, Jr. (Atty. Borres) to assist him in filing complaints for trespass to property and malicious mischief. However, Atty. Borres only prepared three complaints for malicious mischief, which were filed before the Office of the City Prosecutor (OCP) of Tabaco City. Morales, who resided in Quezon City, indicated the address of his brother-in-law in Tabaco City as his postal residence.

The notices sent by OCP-Tabaco City were returned unserved, and the complaints were dismissed. Upon learning this, Morales and Atty. Borres visited the OCP, where Morales was directed to provide additional documentary requirements. Atty. Borres subsequently filed a motion for reconsideration but failed to attach Morales’ land title. The motion was denied, and Morales did not pursue a petition for review despite Atty. Borres’ advice.

Morales later filed an administrative complaint against Atty. Borres for violations of Code of Professional Responsibility and Accountability. The IBP-Commission on Bar Discipline (IBP-CBD) found Atty. Borres guilty and recommended a three-month suspension. However, the IBP Board of Governors reversed this ruling.

Did Atty. Borres violate the CPRA?

Ans:

Yes, Atty. Borres violates the CPRA  on Fidelity, Competence and Diligence.

Under following provisions of the Code of Professional Responsibility and Accountability,  the lawyer's duty to uphold the client's cause with unwavering loyalty, ensuring that the trust and confidence reposed by the client are honored. It also mandates that a lawyer must serve clients with competence, diligence, and promptness.

Here, Atty. Borres' failure to diligently pursue Morales' complaints and to keep him adequately informed constitutes a breach of this duty. He was also alleged lapses, such as not attaching the land title to the motion for reconsideration and not effectively following up on the case status, suggest a potential violation of this duty. Hence, Atty. Borres' responsibilities to act with utmost fidelity, competence, and diligence in representing clients, as described, indicate breaches of these ethical obligations under the CPRA.