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Cesar and Modesta Talento vs Atty Paneda

Cesar and Modesta Talento vs Atty Paneda

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Published by Chevy Macalma
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Categories:Types, School Work
Published by: Chevy Macalma on Aug 27, 2014
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08/27/2014

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Cesar and Modesta Talento vs Atty.

Agustin Paneda
Facts:
This is an administrative complaint filed by mother and son Modesta Herrera Talento
and Cesar Talento charging Atty. Agustin F. Paneda of violation of his oath as a lawyer
and neglect of duty. Atty. Paneda failed to appear in a pretrial conference so they were
barred in presenting their evidence and he also failed to file the re!uired Appeal "rief
which led to the dismissal of his clients# appeal before the CA.
$ssue:
%hether or not respondent committed gross negligence or misconduct in handling
petitioners# case both on trial in the &TC and on appeal in the CA which led to its
dismissal without affording petitioners the opportunity to present their evidence.
Held:
Consideration of the records of the instant case' the Court agrees with the $"P in its
findings and conclusion that respondent#s documented acts fall e(tremely short of the
standard of professional duty that all lawyers are re!uired to faithfully adhere to.
The pertinent Canons of the Code of Professional &esponsibility provide:
CA)*) +, - A .A%/0& *%01 F$20.$T/ T* TH0 CA310 *F H$1 C.$0)T
A)2 H0 1HA.. "0 M$)2F3. *F TH0 T&31T A)2 C*)F$20)C0 &0P*102
$) H$M.
CA)*) +4 - A .A%/0& 1HA.. 10&50 H$1 C.$0)T %$TH C*MP0T0)C0
A)2 2$.$60)C0.
&ule +4.78 - A lawyer shall not handle any legal matter without ade!uate preparation.
&ule +4.79 - A lawyer shall not neglect a legal matter entrusted to him and his negligence
in connection therewith shall render him liable.
The facts of this case illustrate respondent#s dismal performance of that responsibility'
which in its totality could amount to a reprehensible abandonment of his clients# cause.
Atty Paneda is hereby suspended from the practice of law for a year.

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