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[A.C. No. 6072. July 23, 2003]

PINOTE vs. BENSI

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUL 23 2003.

A.C. No. 6072(Wenceslao B. Pinote vs. Atty. Alfredo T. Bensi.)

Complainant Wenceslao B, Pinote and his wife, Anacleta, were then residing in Manila when they engaged the services of respondent, Atty. Alfredo T. Bensi, in 1991 to file a complaint in Baybay, Leyte for Extrajudicial Partition with Deed of Absolute Sale against Anacleta's brother, Andres Cuarenta. On September 1991, the complainant and his wife received a letter from Atty. Bensi asking them for P1,000 as filing fees for the complaint. They sent Atty. Bensi the money and the latter, in turn, reported that he already filed the said complaint with Branch 4 of the Regional Trial Court (RTC) of Baybay, Leyte. Atty. Bensi likewise sent them a copy of the complaint, which was docketed as Civil Case No. B-1173. In 1995, the couple visited Leyte and asked Atty. Bensi about the case. They were told that the hearing on the said case has not started since a judge has yet to be assigned in Baybay, Leyte. The couple returned to Manila relying on these words. In 2000, complainant Pinote retired from his job in Manila and, together with his entire family, relocated to Baybay, Leyte. It was then that he discovered that Atty. Bensi no longer lived there and when he personally went to Branch 4 of the RTC of Baybay to inquire about the status of Civil Case No. B-1173, he found out that although the said complaint was indeed filed with the court, no action was taken since the filing fees were not fully paid. Complainant and his wife also found out that Andres Cuarenta succeeded in selling the property allegedly owned in part by complainant's wife.

Hence, on October 18, 2002, complainant Pinote filed his letter-complaint before the Commission on Bar Discipline of the Integrated Bar of the Philippines (IBP) charging Atty. Bensi for negligence in the handling of their case. Complainant likewise alleged therein that he and his wife had given Atty. Bensi around P11,000, which the latter said would be used for the registration expenses of the subject land in the case, miscellaneous expenses, and attorney's fees.

In a letter dated December 7, 2002, Atty. Bensi did not deny the allegations set forth in the complaint. However, he attributed this to a "communication gap" between him and his clients. In the said letter, he likewise asked that he be given one month to try to settle the matter with complainant and his wife. On February 19, 2003, the Commission on Bar Discipline received another letter from Atty. Bensi offering to file another case to recover the subject property sold by Andres Cuarenta and to shoulder all the expenses for the said case.

In a report dated March 28, 2003, the Commission on Bar Discipline stated that although Atty. Bensi offered to file another case and shoulder all expenses in pursuing the same, this offer came too late. The report stated that if respondent had complied with the legal duty to his clients, it would not have been necessary to file a case for recovery of the land. It was found that Atty. Bensi's dereliction of duty to his clients allowed Andres Cuarenta to alienate the subject property to the prejudice of complainant's wife.

On April 26, 2003, the Board of Governors of the IBP passed Resolution No. XV-2003-208, stating:

RESOLVED to ADOPT and APPROVE, as it is hereby ADOPTED and APPROVED, the Report and Recommendation of the Investigating Commissioner of the above-entitled case, herein made part of this Resolution/ Decision as Annex "A"; and finding the recommendation fully supported by the evidence on record and the applicable laws and , rules, and, considering respondent's failure to comply with the duty imposed under Canon 17 of the Code of Professional Responsibility, Atty. Bensi is hereby REPRIMANDED and further WARNED that a similar action in the future will be dealt with more severely.

We agree. Canon 17 of the Code of Professional Responsibility provides:

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.

A lawyer owes his client entire devotion to his genuine interest, warm zeal in the maintenance and defense of his rights and the exertion of his utmost learning and ability. Once he agrees to take up the cause of a client, he must serve the client with competence and diligence and champion the latter's cause with wholehearted fidelity, care, and devotion. ^[1] cralaw

WHEREFORE, respondent Atty. Alfredo T. Bensi is hereby REPRIMANDED with a warning that any similar action in the future will be dealt with more severely.

Very truly yours,

(Sgd.)VIRGINIA ANCHETA-SORIANO
Clerk of Court

Endnotes:

^[1] cralaw Ramos v. Jacoba, Adm. Case No. 5505, September 27, 2001 citing Santiago v. Fojas, 248 scra 68, 73-74 (1995).

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