8/11/2019 Cesar and Modesta Talento vs Atty Paneda

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Cesar and Modesta Talento vs Atty. Agustin Paneda

Facts:

This is an administrative complaint filed by mother and son Modesta Herrera Talentoand Cesar Talento charging Atty. Agustin F. Paneda of violation of his oath as a lawyer

and neglect of duty. Atty. Paneda failed to appear in a pretrial conference so they were

barred in presenting their evidence and he also failed to file the re!uired Appeal "riefwhich led to the dismissal of his clients# appeal before the CA.

$ssue:

%hether or not respondent committed gross negligence or misconduct in handlingpetitioners# case both on trial in the &TC and on appeal in the CA which led to its

dismissal without affording petitioners the opportunity to present their evidence.

Held:Consideration of the records of the instant case' the Court agrees with the $"P in its

findings and conclusion that respondent#s documented acts fall e(tremely short of thestandard of professional duty that all lawyers are re!uired to faithfully adhere to.

The pertinent Canons of the Code of Professional &esponsibility provide:

CA)*) +, - A A%/0& *%01 F$20$T/ T* TH0 CA310 *F H$1 C$0)T

A)2 H0 1HA "0 M$)2F3 *F TH0 T&31T A)2 C*)F$20)C0 &0P*102

$) H$M.

CA)*) +4 - A A%/0& 1HA 10&50 H$1 C$0)T %$TH C*MP0T0)C0A)2 2$$60)C0.

&ule +4.78 - A lawyer shall not handle any legal matter without ade!uate preparation.

&ule +4.79 - A lawyer shall not neglect a legal matter entrusted to him and his negligence

in connection therewith shall render him liable.

The facts of this case illustrate respondent#s dismal performance of that responsibility'

which in its totality could amount to a reprehensible abandonment of his clients# cause.

Atty Paneda is hereby suspended from the practice of law for a year.