OCA CIRCULARS NO. 56-2002, September 27, 2002

For the information and guidance of all concerned, quoted hereunder
is the decision of the Second Division of the Supreme Court in
Administrative Case No. 5505 entitled “Severino Ramos vs. Arty. Ellis
Jacoba and Arty. Olivia Velasco-Jacoba” dated 27 September 2001, to wit:

“This is a complaint for disbarment filed by complainant Severino
Ramos against Arty. Ellis Jacoba for the latter’s failure, as counsel
for complainant and his wife, to file the appellants’ brief in the Court
of Appeals, as a result of which the appeal filed by complainant and
his wife was dismissed and the decision of the Regional Trial Court
against them became final.

xxx

The records clearly show that respondent Arty. Ellis Jacoba was
remiss in the performance of his duties to complainant. He was given by
the Court of Appeals extensions of time totaling 135 days within which
to file the appellants’ brief, but he failed to file the same. No reason
has been given in extenuation of respondent’s failure.

xxx

Indeed, a lawyer owes fidelity to the cause of his client. He
should ever be mindful of the trust and confidence reposed in him,
remembering always that his actions or omissions are binding on his
clients.^[8] In this case the
failure of respondent to file the appellants’ brief resulted in the
dismissal of the appeal. As a consequence, the adverse decision in the
trial court against complainant and his wife became final and executory
and they were made to pay P107,000.00 to the plaintiffs in Civil Case
No. 2014-AF ^[9] His wife was so aggrieved that she died upon learning of the final dismissal of their appeal.^[10]

xxx

As already noted, this is not the first violation
committed by the . respondent. In Adm. Case No. 2594, this Court, in a
resolution dated June 3,1985, suspended Atty. Ellis Jacoba from the
practice of law for a period of six (6) months for his failure to file
an action for the recovery of possession of property despite the lapse
of two and half (2 1/2) years from receipt by him of P550.00 which his
client gave him as filing and sheriffs fees. In addition, he was ordered
to return the same amount to the complainant, Liberate Soriano, and
warned that a repetition of the same or similar offense will be dealt
with more severely.

xxx

WHEREFORE, in view of the foregoing, respondent
Atty. Ellis Jacoba is SUSPENDED from the practice of law for one (1)
year effective upon finality hereof and ORDERED to return to complainant
the amount of P10,000.00 with WARNING that a repetition of the same
negligent act charged in this complaint will be dealt with even more
severely. The complaint against respondent Atty. Olivia Velasco-Jacoba
is dismissed for insufficiency of evidence..”

The resolution dated 6 February 2002 denying the
motion for reconsideration of the said decision with finality was
received by respondent on 1 April 2002.

27 September 2002

	PRESBITERO J. VELASCO, JR.
	Court Administrator

^[9] Sinumpaang Salaysay of Sevenno Ramos, March 7,1999

^[10] Report of the Investigating Commissioner, p.3