ChanRobles Virtual law Library

[ G.R. No. 137417. March 22, 1999]

REPUBLICA ACEBEDO & PANOL vs. STATE INVESTMENT HOUSE, INC.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAR 22, 1999.

G.R. No. 137417 (Republica Acebedo and Dionisio Panol vs. State Investment House, Inc.)

Petitioner filed this present special civil action for certiorari with preliminary injunction and/or temporary restraining order, to enjoin the private respondents from enforcing the decision of the Court of Appeals in CA-G.R. No. CV 24070. The assailed decision affirmed the dismissal by the Kalookan City Regional Trial Court of petitioner's action for cancellation of title. The decision of the Court of Appeals was promulgated on July 21, 1998; and an entry of judgment was made on November 26, 1998, rendering the decision final and executory as of August 17, 1998.

Petitioner seeks a review of the decision of the Court of Appeals despite its finality. Petitioner is of the position that "the failure of his former counsel to appeal the adverse decision of the Court of Appeals to the higher court or to forthwith take immediate remedial legal steps to protect petitioner's interest clearly amounted to gross and reckless negligence," consequently he is not bound by such acts. Petitioner cites the ruling of this Court in Legarda vs. Court of Appeals (195 SCRA 418) where we made exception to the general rule that the negligence of counsel binds the client; such that where reckless, inexcusable and gross negligence of counsel deprives the client of due process of law, or in cases involving gross or palpable negligence of counsel in which case the courts must step in and accord relief to the client who has suffered thereby.

Petitioner's bare allegation that his former counsel failed to file an appeal and inform them of the outcome of the decision of the lower court is not enough to warrant a departure from the well-settled doctrine that the negligence of counsel binds his client. As the decision of the Court of Appeals in CA-G.R. No. CV-24070 is final and executory, such is no longer subject to review by this Court.

IN VIEW OF THE FOREGOING, the Court Resolved to DISMISS the present Petition.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

Back to Home | Back to Main

CLICK HERE FOR THE LATEST SUPREME COURT JURISPRUDENCE