[G.R. No. 117406.January 17, 2000]

PEOPLE vs. ALBERTO GARCIA y BOTON

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated 17 JAN 2000.

G.R. No. 117406(People of the Philippines vs. Alberto Garcia y Boton.)

On October 25, 1999, the Court ordered expunged from the records the appellant's brief filed by Atty. Jesus C. Labriaga as it was filed in connection with accused-appellant's appeal from a decision rendered against him in other cases (Criminal Case Nos. 98737 and 98738) of another branch (Branch 152) of the Regional Trial Court of Pasig City whereas this case is an appeal from the decision, dated May 9, 1994, of Branch 161 rendered in Criminal Case No. 96233. The Court required Atty. Labriaga to file the appropriate appellant's brief and, for this purpose, granted him an inextendible period of thirty (30) days from notice within which to comply with the order.

In his manifestation/motion, dated November 19, 1999, Atty. Labriaga claims that accused-appellant's former lawyer, Atty. Sotero C. Mendoza, handled the trial of Criminal Case No. 96233 and has the complete records of the case. Atty. Labriaga prays that he be relieved of the duty of preparing the appellant's brief or that the RTC of Pasig City (Branch 161) be ordered to furnish him with a certified true copy of the decision and the records in Criminal Case No. 96233 and he be granted 30 days from receipt of the records within which to file the appellant's brief.

Atty. Labriaga's request to be relieved of the duty to file the appellant's brief cannot be granted. By entering his appearance as counsel for accused-appellant in substitution of Atty. Sotero C. Mendoza (Rollo, p. 45), he assumed the responsibilities of representing accused-appellant, including the filing in this Court of an appellant's brief. He cannot shift this responsibility to others, much less demand that this Court order the trial court to furnish him copies of the records of the case. For his guidance the following provisions in the Code of Professional Responsibility are quoted:

CANON 17 - A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him.

����������� CANON 18 - A lawyer shall serve his client with competence and diligence.

Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him and his negligence in connection therewith shall render him liable.

WHEREFORE, the Court RESOLVED to REITERATE, the previous requirement to Atty. Jesus C. Labriaga to file the appellant's brief in this case, for which he is hereby granted for the last time a period of thirty (30) days from notice otherwise he will be held in contempt of court.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court


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