Canon 12 (Rules 12.01-12.04)
Canon 12 (Rules 12.01-12.04)
04
Reported by:
Diane Michelle M. Licauco
13 December 2014
Canon 12
A
lawyer
shall
exert every effort
and consider it his
duty to assist in
the
speedy
and
efficient
administration
of
Rule 12.01
A lawyer shall not appear
for trial unless he has
adequately
prepared
himself on the law and
the facts of his case, the
evidence he will adduce
and the order of its
preferences. He should
also be ready with the
original documents for
comparison
with
the
Rule 12.02
A lawyer shall not
file
multiple
actions
arising
from
the
same
cause.
Rule 12.03
A lawyer shall not, after
obtaining extensions of
time to file pleadings,
memoranda or briefs, let
the period lapse without
submitting the same or
offering an explanation
for his failure to do so.
Rule 12.04
A lawyer shall not
unduly delay a case,
impede the execution
of
a
judgment
or
misuse
Court
processes.
RULING:
Respondent is found administratively liable for violation of Rule
12.04, Canon 12 and is suspended from the practice of law for
one (1) month. The Court agrees that respondent had been
remiss in the performance of his duties as counsel for the
association. Records show that respondent filed the first motion
for extension of time to file appellants brief 95 days after the
expiration of the reglementary period to file said brief, thus
causing the dismissal of the appeal of the homeowners
association. His contention that he was merely the supervising
lawyer and that the fault lies with the handling lawyer is belied by
the record that he himself signed the Urgent Motion for Extension.
OPINION:
The reporter is of the humble opinion that the respondent should
be suspended for a period of six (6) months. As an officer of the
court, it is his duty to assist in the speedy administration of justice.
In the case at bar, the respondent not only made lapses on the
filing but also made excuses from taking responsibility of the
case. This only shows he has been remiss of his duty upon which
a suspension of six (6) months may be adequate.
ISSUE:
Is the respondent administratively liable for violation of Canon 12
of the Code of Professional Responsibility?
RULING:
Atty. Carmelito A. Montano is found liable for violating Canon 12 of
the Code of Professional Responsibility. Respondent is
suspended from the practice of law for a period of six (6) months.
He is sternly warned that any future violation of his duties as a
lawyer will be dealt with more severely.
OPINION:
The reporter concurs with the decision of the Court. A lawyer, as
an officer of the court, should employ all possible means in the
speedy administration of justice. He should not unnecessarily file
cases which he knew from the start that said cases involve the
same parties, causes of action, subject matter and issues.