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[ G.R. No. 128153-56. July 21, 1999]

PEOPLE vs. VICENTE BUISON.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated JUL 21, 1999.

G.R. No. 128153-56 (People vs. Vicente Buison.)

In the Resolution of 7 February 1999 the Court found Atty. Rodolfo B. Talasan, counsel for accused-appellant Vicente Buison, guilty of indirect contempt and suspended him from the practice of law for six (6) months for filing a motion to withdraw the appeal of accused-appellant alleging that the latter had already lost interest in pursuing his appeal when in fact, upon verification, accused-appellant had no intention of withdrawing his appeal.

In his motion for reconsideration dated 30 April 1999, Atty. Ta-asan argues that his misbehavior and misrepresentation to the Court were not maliciously done to inflict injustice on his client; rather, he was of the honest impression that accused-appellant was no longer interested in his appeal. He moves that his suspension be set aside or at the very least mitigated. In his letter dated 1 May 1999 Atty. Ta-asan further prays that the merits of his suspension be thoroughly reviewed considering that what he did was an honest mistake due to lack of communication between him and his client.

We treat Atty. Ta-asan's motion of 30 April 1999 and his letter of 1 May 1999 jointly as his motion for reconsideration, and deny the same with finality for failure to raise any substantial argument to warrant the reversal of the Court's previous action. The Court reminds Atty. Ta-asan that however poor his client may be, he has no right to withdraw his client's appeal without the latter's authority.

As for Atty. Ta-asan's motion to admit appellant's brief to which is attached his appellant's brief is expunged from the records it appearing quite obviously that the brief was haphazardly prepared. It should rightly be considered pro-forma as it does absolutely nothing for the cause of his client.

ACCORDINGLY, the Court Resolves to (a) DENY WITH FINALITY the motion for reconsideration of the Resolution of 7 April 1999; (b) DENY the motion to admit appellant's brief and EXPUNGE from the records the attached appellant's brief; (c) SUSPEND Atty. Rodolfo B. Ta-asan from the practice of law not only six (6) months but for one (1) year which he must immediately serve upon t receipt of his Resolution.

The Executive Judge of the Regional Trial Court of Davao City is DIRECTED to ensure the proper implementation of this resolution and to report to this Court immediately his compliance herewith; and, (d) DIRECT accused-appellant Vicente Buison to MANIFEST to this Court within ten (10) days from notice whether he desires the Court to appoint a counsel de oficio for him for purposes of his appeal.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court

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