SC CIRCULAR NO. 16, July 15, 1987

Quoted hereunder, for the information and guidance of all
concerned, is the pertinent portion of the Resolution of the Court En
Banc, “In re: Complaint against Atty. Patricio. A. Asoy, Leonard W.
Richards, Complainant, versus Atty. Patricio A. Asoy, Respondent”,
promulgated on July 9, 1987:

“Respondent is guilty of grave professional misconduct. “He
received from Complainant, his client, compensation to handle his case
in the Trial Court, but the same was dismissed for lack of interest and
failure to prosecute. He had abandoned his client in violation of his
contract ignoring the most elementary principles of professional ethics.^[8]
That Respondent had ignored the processes of this Court and it was
only after he was surfaced, is highly indicative of his disregard and
circumstances taken into consideration, Respondent has proven himself
unworthy of the trust reposed in him by law as an officer of the Court.

“‘Consistent with the policy to maintain the high traditions
and standards or the legal profession, insure the observance of legal
ethics, protect the interests of clients and help keep their faith in
attorney-at-law, the Supreme Court is constrained to disbar a member of
the bar who violates his lawyer’s oath for failure to properly attend to
a client’s case not only once, but on two occasions, with results
highly prejudicial to the interests of the latter.’^[9]

“Furthermore, since Complainant’s rights is Respondent’s client have been prejudiced by the latter’s failure to take the steps
necessary for the prosecution of the case Complaint may recover as a
result of such gross negligence and grave professional misconduct.^[10]

If a judgment is obtained against a party upon a complaint
which is radically defective, and he desires to appeal, and procure
bondsmen, but his’ attorney neglects to do so until the time for appeal
expires, the attorney is guilty of gross negligence/ and is. liable for
the loss sustained by the client.^[11]

“ACCORDINGLY, for malpractice and violation of his oath as a
lawyer, 1) respondent Atty. Patricio A. Asoy is hereby ordered
DISBARRED; and 2) he is hereby ordered to reimburse complainant, Leonard
W. Richards, in the sum of P16,300.00 (P15,000.00 + P1,300.00), the
only sums substantiated by the evidence on record,^[12] within thirty (30) days from notice hereof.”

July 15, 1987.