LIBERATO V. CASALS, and JOSE T.

SUMCAD, petitioners,
vs. HON. VICENTE N. CUSI, JR., Presiding Judge of the Court of First Instance of Davao, BR.
1, REBECCA T. PALANCA and GRECAN CO., INC., respondents.
[G.R. No. L-35766; July 12, 1973]
Doctrine:

Jurisprudence in Pajares v. Abad Santos:

The Court reminded attorneys that "There must be more faithful adherence to Rule 7, section 5 of the Rules of Court which
provides that "the signature of an attorney constitutes a certificate by him that he has read the pleading and that to the best of his
knowledge, information and belief, there is good ground to support it; and that it is not interposed for delay" and expressly
admonishes that "for a willful violation of this rule an attorney may be subjected to disciplinary action."

Substantial facts:
Facts
Filing of the petition
First extension request
Second extension request
Third extension request
Failure to file comment
Explanation for failure
Description
• The petition for certiorari and prohibition with prayer for writ of preliminary
injunction was filed on November 2, 1972.
• The Court issued a temporary restraining order on November 9, 1972, requiring
respondents to comment within ten days.
• On December 8, 1972, Atty. Leonido C. Delante requested a ten-day extension to
submit respondents’ comment, which was granted by the Court on December 15,
1972.
• On December 14, 1972, Atty. Primo O. Orellan requested a second ten-day
extension on behalf of Atty. Delante, citing Delante’s illness.
• On December 28, 1972, Atty. Delante requested a final fifteen-day extension, citing
work pressure and the Christmas season.
• Despite the granted extensions, the respondents failed to file their comment by the
deadline of January 12, 1973.
• The Court required Atty. Delante to explain this failure on April 12, 1973.
• In his explanation dated May 7, 1973, Atty. Delante claimed that he had asked his
clients to have another lawyer, Atty. Antonio Fernandez, prepare the answer.
• Atty. Fernandez had been retained by the respondents on December 12, 1972, but
was subsequently hospitalized and operated on for sinusitis from December 23-26,
1972. This was the first time Atty. Delante learned of this situation.

Issue: Whether or not Atty. Delante’s actions and attitude manifest gross disrespect for the Court’s processes and tend to
embarrass gravely the administration of justice. (YES)

Ruling
Ruling Description
Unsatisfactory • Atty. Delante allowed his extended period to lapse without submitting the required
explanation of Atty. comment nor extending to the Court the courtesy of any explanation or
Delante manifestation for his failure to do so.
• His inaction unduly prevented and delayed for a considerable period the Court’s
prompt disposition of the petition.
• His explanation is devious and unworthy of belief since it is contradicted by his own
previous representations of record as well as by the “supporting” documents
submitted by him.
Disrespect for Court’s • Atty. Delante’s actions and attitude manifest gross disrespect for the Court’s
processes processes and tend to embarrass gravely the administration of justice.
Violation of Rule 7, • There must be more faithful adherence to Rule 7, section 5 of the Rules of Court.
Section 5 of Rules of • For a willful violation of this rule an attorney may be subjected to disciplinary action.
Court
Violation of Oath of • Attorneys are reminded of their solemn oath upon their admission to the Philippine
Admission to the Bar.
Philippine Bar • Atty. Delante’s unsatisfactory explanation evinces a willful disregard of his solemn
duty as an attorney.
Misleading courts • A lawyer must do his best to honor his oath, as there would be a great detriment
to, if not a failure of the administration of justice if courts could not rely on the
submissions and representations made by lawyers in the conduct of a case.
Suspension from the • The Court has in several instances suspended lawyers from the practice of law for
practice of law failure to file appellants’ briefs in criminal cases despite repeated extensions of time
obtained by them.