Sps. Rabanal vs. Atty.

Tugade
AC No. 1372; 27 June 2002
Facts:
Cayetano Rabanal was found guilty of homicide and appealed to the CA. He took Atty.
Tugade as his new counsel to prosecute the appeal. However, despite the extension of time
granted Tugade failed to file the appellants brief resulting in the dismissal of the appeal.
Cayetano filed a motion for reconsideration but it was denied. Sps. Rabanal alleged that they
paid P1K as attorneys fees and P1,400 for preparation of appellants brief. Petitioners filed a
complaint against Tugade.
Tugade stated that he did not want to accept the case due to his busy schedule but agreed
to sign the appellants because Cayetano is his kababayan. Cayetano have the transcripts of the
case and P600 as litigation expenses, after which Cayetano asked another lawyer to prepare the
appellants brief. However, later on Cayetano informed him that the CA had dismissed the appeal
for failure to file appellants brief. Tugade then alleged that he entered his appearance as counsel
and filed a motion for reconsideration for which he was paid P800. The motion was denied and
Cayetano served sentence but was later released on conditional pardon.
The IBP recommended the suspension of Atty. Tugade from the practice of law for one
year. This was adopted by the Office of the Bar Confidant.
Issue:
1) Whether Atty. Tugade should be suspended from the practice of law.
Ruling:
1) Yes. Cayetano consulted Tugade in his professional capacity and Tugade received payment
from Cayetano. This already establishes a lawyer-client relationship. The fact that Tugade
signed the appellants brief shows his role as lawyer and he did not also name the alleged
lawyer that handled the case. He also filed subsequently the motion for reconsideration
further establishing their relationship. The records show that despite the extension of time
totaling 60 days Tugade failed to file and was remiss in the performance of his duties as
counsel. He is thus suspended for six months.