Republic of the Philippines Since the disputed land was still in the possession of complainant, the Paraynos instituted

of complainant, the Paraynos instituted Civil

SUPREME COURT Case No. U-6061 to recover possession.11 After the Answer was filed, respondent became her
Manila counsel of record. After due trial, Branch 4812 of the same RTC rendered its
Decision13 ordering her to vacate the premises and to surrender possession thereof to the
THIRD DIVISION Parayno spouses.

A.C. No. 5024 February 20, 2003 Thereafter, complainant appealed the RTC judgment to the CA. Respondent, as counsel,
received a Notice to File Brief14 on December 17, 1997. Acting on his Motion for extension to
file the appellants brief,15 the CA in its February 18, 1998 minute Resolution16 granted him
ARSENIA T. BERGONIA, complainant, until March 17, 1998 to do so. Even before the first extension had lapsed, however, he again
vs. filed an Urgent Second Motion for extension to file brief, 17 praying that he be given until April
Atty. ARSENIO A. MERRERA, respondent. 16, 1998 to submit the required pleading. The CA again granted his Second
Motion.18 Eventually, the deadline, which had already been extended twice, lapsed without his
DECISION filing the appellants brief. Hence, the CA, upon motion of the appellees, dismissed the appeal
in its June 25, 1998 Resolution.19
PANGANIBAN, J.:
Report and Recommendation of the IBP
A motion for extension to file an appellants brief carries with it the presumption that the
applicant-lawyer will file the pleading within the period granted. Failure to so file the brief Commissioner Maala found respondent guilty of inexcusable negligence. She rejected his
without any reasonable excuse is a violation of the Canons of Professional Responsibility. For explanation that he had already advised complainant not to pursue the appeal even before the
such violation, a lawyer may be administratively sanctioned, especially if it results in damage filing of the Notice of Appeal. In fact, after the appellee filed a Motion to Dismiss the appeal,
to the client. he even filed an Opposition, thus raising complainants hopes of eventual victory.

The Case If respondent thought it was best to dispense with the appellants brief, he should have filed a
manifestation or motion to that effect. Instead, he opposed the Motion to Dismiss and asked
This administrative case stems from an Affidavit-Complaint 1 filed by Arsenia T. Bergonia on for further extensions of time. His actions clearly showed how negligent and irresponsible he
March 2, 1999, seeking the disbarment of Atty. Arsenio A. Merrera for violating Canons 12 had been in filing the brief.
and 18 of the Code of Professional Responsibility. Complainant alleged that his inexcusable
negligence, while acting as her counsel, caused the unceremonious dismissal of her appeal. The board of directors of the IBP concurred with Commissioner Maala that respondent should
Specifically, despite obtaining two extensions, he still failed to file the required appellants be suspended from the practice of law for six (6) months.
brief in the Court of Appeals. After a careful consideration of the Complaint and respondents
Comment2 thereon dated November 22, 1999, the Court referred the matter to the Integrated The Courts Ruling
Bar of the Philippines (IBP) for investigation, report and recommendation.
We agree with the IBP.
IBP Commissioner Rebecca Villanueva-Maalas November 15, 2001 Report 3 recommending
the six-month suspension of respondent from the practice of law was adopted and approved by
the IBP Board of Governors in its June 29, 2002 Resolution No. XV-2002-236. On August 15, Respondents Administrative Liability
2002, the Notice of the IBP Resolution4 and that of the Commissioners Report were
forwarded to the Office of the Bar Confidant by Atty. Victor C. Fernandez, director for bar Rule 12.03, Canon 12 of the Code of Professional Responsibility, requires all the members of
discipline of the IBP.5 the bar to observe the following:

The Facts "A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs,
let the period lapse without submitting the same or offering an explanation for his failure to do
Complainant, together with her relatives, filed a case for the quieting of title (docketed as Civil so."
Case No. U-4601) against her niece Josephine Bergonia, as well as Spouses Rodolfo and
Remedios Parayno and their minor daughter Gretchen. 6 After due trial, the Regional Trial Expressly stated is the requirement to show good and sufficient cause for requests of extension
Court (RTC) of Urdaneta, Pangasinan, Branch 49,7promulgated its Decision in favor of the of time to file appellate briefs. Section 12 of Rule 44 of the Rules of Court provides that an
Parayno spouses and their daughter.8 On appeal, the CA affirmed the ruling of the trial extension of time for the filing of a brief shall not be allowed, except when there is good and
court9 and the Decision became final and executory.101awphi1.nt
sufficient cause, and only when the motion is filed before the expiration of the extension Lawyers should fully familiarize themselves with the causes of their clients before advising
sought. the latter on the soundness of litigating. If they find that the intended suit is devoid of merit or
that the pending action is defenseless,22 they should promptly inform and dissuade their clients
From time to time, a request for extension becomes necessary when an advocate needs more accordingly.
time to study the clients position. Generally, such request is addressed to the sound discretion
of the court. Lawyers who, for one reason or another, decide to dispense with the filing of the Assuming that respondent indeed tried to persuade complainant to abandon the appeal, he
required pleading, should promptly manifest this intent to the court. It is necessary for them to should have manifested to the CA that he had decided not to file the appellants brief anymore,
do so in order to prevent delay in the disposition of the case. Those who file motions for instead of just letting the period lapse. His contention that he could not find the appropriate
extension in bad faith misuse the legal process, obstruct justice, 20 and thus become liable to jurisprudence to support her case is too flimsy to be credible. A competent and ethical lawyer
disciplinary action.211a\^/phi1.net would have at least tried to persuade the CA with reason and logic.

A lawyer who requests an extension must do so in good faith and with a genuine intent to file Respondent alleges that complainant knew of the dismissal of the appeal. That she had
the required pleading within the extended period. In granting the request, the court acts on the referred the Motion for Execution and Demolition to him for comment allegedly showed that
presumption that the applicant has a justifiable reason for failing to comply with the period she had already given up her desire to pursue her appeal. He pointed out that if she had indeed
allowed. Without this implied trust, the motion for extension will be deemed to be a mere ruse blamed his inexcusable negligence for its dismissal, then she would not have referred that
to delay or thwart the appealed decision. The motion will thus be regarded as a means of Motion to him.
preventing the judgment from attaining finality and execution and of enabling the movant to
trifle with procedure and mock the administration of justice. We are not convinced. Anyone would have done what complainant did, because no one else
would know the case better than ones lawyer. Contrary to respondents allegation, we do not
In this case, respondent twice moved for an extension of time to file the required appellants read any intention on her part to withdraw the appeal, which showed that she wanted to oppose
brief. In his first Motion, he alleged that he had a hectic daily schedule of hearings and other the execution of the Decision.
pressures from work. In his next Motion, he claimed he had acute arthritis and asthmatic
attacks. The granting of his two Motions implied that he had been given ample time either to We concur in the IBPs finding that respondent was negligent in the performance of his duties
finish researching his case or to withdraw his appeal. Yet, he still failed to file the required as counsel for complainant, and that his negligence was inexcusable. If indeed it was true that
brief. In its June 25, 1998 Resolution, the CA noted that the appellees Motion to Dismiss the he found her case to be futile, he should have just withdrawn the appeal, instead of filing
appeal was filed only after forty (40) days from the expiration of the last extension. several Motions for extension to file the appellants brief.

Respondent claims that he never planted false hopes in the mind of complainant. Upon Candor in all their dealings is the very essence of a practitioners honorable membership in the
receiving the Decision in Civil Case No. U-6061, he purportedly advised her that her chances legal profession.23 Lawyers are required to act with the highest standard of truthfulness, fair
of winning in the appellate court were slim, because the ownership of the disputed land had play and nobility in the conduct of litigation and in their relations with their clients, the
already been adjudicated to the other party in Civil Case No. U-4601. He avers that he tried to opposing parties, the other counsels and the courts. They are bound by their oath to speak the
persuade her to accept her defeat "like a good soldier." truth and to conduct themselves according to the best of their knowledge and discretion, and
with fidelity to the courts and their clients. Canon 18.03 of the Code requires that "a lawyer
We are not persuaded. If, indeed, respondent failed to convince complainant to drop her shall not neglect a legal matter entrusted to him and his negligence in connection therewith
appeal, he should have just withdrawn his appearance. Based on his arguments in his renders him liable."
Opposition to the Motion for Execution and Demolition, however, we do not believe that he
even tried to convince her to withdraw the appeal. We are inclined to believe that this excuse WHEREFORE, Atty. Arsenio A. Merrera is hereby found guilty of violating Canons 12 and
was merely an afterthought to justify his negligence. 18 of the Canons of Professional Responsibility and is SUSPENDED from the practice of law
for a period of six (6) months from receipt of this Decision. This Decision is immediately
Moreover, respondent claims that after filing the Motions for Extension, he surmised that the executory.
appeal would be useless, because he could not show sufficient cause to reverse the Decision.
SO ORDERED.
This justification is even more inexcusable. Respondent, should have checked first if there was
a good ground to support the appeal. If there was none, he should have been forthright in his Puno, (Chairman), Sandoval-Gutierrez, Corona and Carpio-Morales, JJ., concur.
evaluation of the case.