August 1980 - Philippine Supreme Court Decisions/Resolutions
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A.C. No. 1842 August 21, 1980 - AMANDO L. DE LA TORRE v. JERRY D. BANARES:
SECOND DIVISION
[A.C. No. 1842. August 21, 1980.]
AMANDO L. DE LA TORRE, Complainant, v. JERRY D. BANARES, Respondent.
D E C I S I O N
AQUINO, J.:
Amando L. de la Torre, a dismissed security guard of Combined Services, Inc., in his verified complaint dated November 16, 1977, asked that disciplinary action be taken against lawyer Jerry D. Bañares (admitted to the bar in 1976) for not appearing at the hearings of his labor case in the National Labor Relations Commission and for not returning to him the record of the case.
Bañares was assigned by the Legal Aid Program Committee of the Manila III Chapter of the Integrated Bar to render legal assistance to De la Torre.
In his comments on the complaint, Bañares alleged that he was the fifth counsel of De la Torre. His four predecessors desisted from appearing for the latter. Bañares said that he finished the presentation of the evidence for De la Torre before the Labor Arbiter; that the complainant was disrespectful and did not follow his advice and that he informed De la Torre of his intention to withdraw as counsel. Bañares was not able to return his notes on the case to De la Torre because the latter did not comply with his request to appear in his office.chanrobles law library
The case was referred to the Solicitor General for investigation, report and recommendation. De la Torre did not appear at the scheduled hearings. Bañares presented his evidence one item of which is the decision of the Labor Arbiter dated June 27, 1978, ordering the reinstatement of De la Torre as senior guard and requiring his employer to pay him the sum of P1,886.12 as overtime pay and living allowances.
The Solicitor General found that Bañares did not commit any misconduct and was not negligent in handling De la Torre’s case.
WHEREFORE, as recommended by the Solicitor General, the complaint against Atty. Jerry D. Bañares is dismissed.
SO ORDERED.
Barredo (Chairman), Concepcion Jr., Guerrero and De Castro, JJ., concur.
Justices Guerrero and De Castro were designated to sit in the Second Division.
Bañares was assigned by the Legal Aid Program Committee of the Manila III Chapter of the Integrated Bar to render legal assistance to De la Torre.
In his comments on the complaint, Bañares alleged that he was the fifth counsel of De la Torre. His four predecessors desisted from appearing for the latter. Bañares said that he finished the presentation of the evidence for De la Torre before the Labor Arbiter; that the complainant was disrespectful and did not follow his advice and that he informed De la Torre of his intention to withdraw as counsel. Bañares was not able to return his notes on the case to De la Torre because the latter did not comply with his request to appear in his office.chanrobles law library
The case was referred to the Solicitor General for investigation, report and recommendation. De la Torre did not appear at the scheduled hearings. Bañares presented his evidence one item of which is the decision of the Labor Arbiter dated June 27, 1978, ordering the reinstatement of De la Torre as senior guard and requiring his employer to pay him the sum of P1,886.12 as overtime pay and living allowances.
The Solicitor General found that Bañares did not commit any misconduct and was not negligent in handling De la Torre’s case.
WHEREFORE, as recommended by the Solicitor General, the complaint against Atty. Jerry D. Bañares is dismissed.
SO ORDERED.
Barredo (Chairman), Concepcion Jr., Guerrero and De Castro, JJ., concur.
Justices Guerrero and De Castro were designated to sit in the Second Division.
