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[G.R. No. 133799.May 30, 2001]

PEOPLE vs. BONIFACIO et. al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAY 30, 2001.

G.R. No. 133799(People of the Philippines vs. Georgino Bonifacio y Mendoza and Jerry Bonifacio y Mendoza.)

Before us is the explanation of Atty. Cesar M. Jimenez in reply to the show-cause resolution of this Court for his failure to file the appellant's brief for accused-appellant Jerry Bonifacio.

On January 17, 2001, this Court required the Public Attorney, who filed the Brief for Accused-Appellant Georgino Bonifacio only, to manifest whether she was also representing the other accused-appellant, Jerry Bonifacio. The Public Attorney manifested that she was not representing accused-appellant Jerry Bonifacio since the records of the case show that the latter was represented by Atty. Cesar M. Jimenez, with address at Room 211, Mendoza Building, Pilar Street, Zamboanga City. Hence, on March 12, 2001, this Court issued the aforesaid show-cause resolution.

In his Manifestation and Motion for Extension of Time to Submit Appeal Brief, Atty. Cesar M. Jimenez states that after accused-appellant's Notice of Appeal was approved and given due course by the trial court, Felix Bonifacio, father of both accused-appellants, withdrew all the records including the transcript of stenographic notes of the case from the former's Possession because he wanted both accused-appellants Jerry and Georgino Bonifacio to be assisted in their appeal by a common lawyer. Atty. Jimenez released all the records of the case to accused-appellants' father, with the assurance that the latter will return to sign his conformity on the withdrawal of appearance that Atty. Jimenez intended to file with this Court. However, accused-appellants' father never returned.

While this Court accepts the explanation of Atty. Jimenez, however, he is hereby admonished to be more circumspect in the performance of his duties as counsel for the accused in order not to prejudice the interest of his client. The resolution of accused-appellant's appeal had been unduly delayed by the failure of accused-appellant Jerry Bonifacio to file a brief. He should have withdrawn his appearance as counsel for accused-appellant after the latter's father failed to return within a reasonable period of time. One of the grounds for withdrawal of appearance is the lack of communication with the client. Atty. Jimenez should have known that unless he files a motion to withdraw as counsel, he is still considered as the counsel of record.

In view of the foregoing, the Court RESOLVED to ACCEPT the explanation of Atty. Cesar M. Jimenez, and to GRANT him a period of twenty (20) days from receipt hereof within which to file the appellant's brief for accused-appellant Jerry Bonifacio.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court


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