A.C. No.

5092 / August 11, 2004

Lucila S. Barbuco v. Atty. Raymundo N. Beltran

Facts:
Barbuco was a defendant in a case. She hired Atty. Beltran to file an appeal and gave money for
payment of docket fees. However, the appeal filed was dismissed by the appellate court and the motion
for reconsideration denied as it was submitted 43 days later. Moreover, she only learned of the
dismissal eight months from date when she personally followed up the status of the appeal. She then
filed a complaint against him for malpractice of law, negligence, and dishonesty. On his defense, he said
that he met a vehicular accident which hindered him physically to lose track of the deadline for filing of
pleadings. Upon investigation in the IBP Commission on Bar Discipline, he was recommended for a five-
year suspension. The IBP Board of Governors resolved the suspension but modified the period for six
months.

Issue:
Whether or not Atty. Beltran should be suspended from the practice of law.

Held:
Yes, Atty. Beltran should be suspended from the practice of law. His failure to file the appeal within the
reglementary period is already an inexcusable negligence and not being able to do so in 43 days
constitutes a violation of Rule 18.03 of the CPR which provides that a lawyer shall not neglect a legal
matter entrusted to him, and his negligence in connection therewith shall render him liable. Being a
member of a law firm, he could have assigned the filing of the appeal to one of its members to follow
the reglementary period of filing. Moreover, his liability is further compounded when he did not inform
his client of the appeal’s dismissal violating Rule 18.04 which requires a lawyer to keep the client
informed of the status of his case and shall respond within a reasonable time to the client’s request for
information. The Court finds Atty. Beltran guilty of negligence and malpractice and will be suspended for
six months.