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[ G.R. No. 128153-56. April 7, 1999]

PEOPLE vs. VICENTE BUISON.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information is a resolution of this Court dated APR 7, 1999.

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

This treats of the explanation of Atty. Rodolfo Ta-asan, counsel for accused-appellant Vicente Buison, dated 4 January 1999, why no disciplinary action should be taken against him for filing a motion to withdraw the appeal of his client without his client's knowledge, much less consent.

Vicente Buison was charged with and convicted of rape and sentenced by the RTC-Br 23, General Santos City, to reclusion perpetua. He appealed therefrom by filing a notice of appeal with the trial court. Presently, he is detained at the Bureau of Corrections, Muntinlupa City.

On 23 April 1998 Atty. Ta-asan filed a motion to withdraw appeal alleging that accused-appellant already lost interest in pursuing his appeal. In the resolution of 29 June 1998, acting on the aforesaid motion to withdraw appeal, the Court required counsel to secure the written conformity of accused-appellant.

In a letter posted 12 August 1998 accused-appellant informed the Court that contrary to Atty. Ta-asan's manifestation he has not withdrawn his appeal nor does he intend to withdraw the same. Acting thereon, on 18 November 1998 the Court required Atty. Ta-asan to show cause why no disciplinary action should be taken against him for filing the motion to withdraw appeal without the knowledge of accused-appellant.

On 4 January 1999 Atty. Ta-asan explained that he filed the motion to withdraw appeal even without the consent of his client because of the failure of the latter to visit and confer with him for a long time thus giving him the impression that his client was no longer interested in pursuing his appeal. He alleged that he last saw accused-appellant during the promulgation of the decision of the case by the trial court.

We find Atty. Ta-asan's explanation puerile hence unacceptable. Accused-appellant has since his arrest been detained at the Bureau of Corrections, Muntinlupa City. Atty. Ta-asan could not expect that accused-appellant would go and visit him in his office. The least that Atty. Ta-asan could have done was to verify from accused-appellant himself whether he was still interested in his appeal rather than presume from the latter's alleged silence that he was already abandoning his appeal. Indeed, we cannot help viewing the actuation of Atty. Ta-asan as a serious breach of his professional responsibility to his client and the Court and a gross misrepresentation to the Court that accused-appellant was in fact withdrawing his appeal, which the latter has expressly disavowed.

In view whereof, and finding the explanation of Atty. Rodolfo B. Ta-asan without merit, the Court holds him guilty of indirect contempt for serious misrepresentation to the Court and for misbehavior in the performance of his duties as a lawyer and as an officer of the Court, and suspends him from the practice of law for six (6) months effective immediately, with an admonition that the commission in the future of the same or similar act prejudicial to his client will be dealt with more severely.

The sheriff of the RTC-Br. 23, General Santos City, or any other sheriff assigned thereat, is DIRECTED to serve this Resolution on Atty. Rolando B. Ta-asan immediately and to INFORM this Court of such service to determine the effectivity of his suspension.

SO ORDERED.

Very truly yours,

TOMASITA M. DRIS
Clerk of Court

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