A.C. No. 4282 August 24, 2000 - TEODULFO B. BASAS v. MIGUEL I. ICAWAT - August 2000 - Philipppine Supreme Court Decisions

7/21/2021 A.C. No. 4282 August 24, 2000 - TEODULFO B. BASAS v. MIGUEL I.
v. MIGUEL I. ICAWAT : August 2000 - Philipppine Supreme Court Decisions
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A.C. No. 4282 August 24, 2000
ChanRobles - TEODULFO B. BASAS v. MIGUEL I. ICAWAT:
Professional
Review, Inc.

SECOND DIVISION
[A.C. No. 4282. August 24, 2000.]
ChanRobles On-Line
TEODULFO B. BASAS, Complainant, v. ATTY.
Bar Review
MIGUEL I. ICAWAT, Respondent.
RESOLUTION

QUISUMBING, J.:

https://www.chanrobles.com/cralaw/2000augustdecisions.php?id=962 1/31
7/21/2021 A.C. No. 4282 August 24, 2000 - TEODULFO B. BASAS v. MIGUEL I. ICAWAT : August 2000 - Philipppine Supreme Court Decisions

In a letter-complaint dated June 25, 1994, complainant
Teodulfo B. Basas alleged negligence on the part of
respondent lawyer Miguel I. Icawat in the handling of
NLRC-NCR Cases No. 00-09-05043-90, 00-11-06410-92,
and 00-06-03672-93 involving complainant and several
of his co-workers.
Complainant was one of several workers who filed three

separate complaints before the NLRC against their
employer, FMC Engineering and Construction, in 1992
and 1993. Respondent was their lawyer.
chanrob1es virtua1 1aw library
In those cases, the workers alleged that they were

illegally dismissed and demanded payment of
ChanRobles CPA
termination pay, accrued leave benefits, 13th month pay,
Review Online
and moral damages. On March 21, 1994, labor arbiter

Valentin C. Guanio rendered a decision in favor of FMC,

after finding that the workers were project workers
whose services were validly terminated upon completion
of the projects for which they were hired. However, FMC
was ordered to pay the workers’ claims for wage
differentials, 13th month pay, service incentive leave
pay, and attorney’s fees.
Aggrieved, the workers informed respondent that they

wanted to appeal the decision. On May 23, 1994,
respondent filed a notice of appeal. However, respondent
did not file a memorandum of appeal as required under
the Rules of Procedure of the NLRC. Sensing that
ChanRobles Special respondent had no intention to file a memorandum,
Lecture Series
complainant and his co-workers asked respondent to just
withdraw from the case. Instead of withdrawing,
however, respondent threatened to sue their group and
the new lawyer they would hire, said the complainant.
Complainant also claims that he and his co-workers gave

respondent P280.00 for filing fee but respondent made a
receipt for only P180.00.

In his comment, respondent asserts that he filed a notice
of appeal at the behest of Flutarco Sueño, complainant in
one of the labor cases. Respondent claims that herein
complainant, along with the other workers, did not wish
to file an appeal since they had no money to spend.
Respondent alleges that complainant and the other
workers instead asked him to withdraw from the case,
which respondent refused to do since he did not have a
basis therefor and he had already filed a notice of
appeal.
chanrob1es virtua1 1aw 1ibrary
Respondent argues that despite his having filed a notice

of appeal, he had not received any notice from the NLRC
directing him to file an appeal brief.
On October 24, 1994, we referred this matter to the IBP

for investigation, report, and recommendation.
In its report dated June 15, 1999, the IBP Commission

on Bar Discipline found respondent liable for negligence
and unprofessional conduct for his failure to file the
required memorandum of appeal before the NLRC, and
to account for all the money he received from his clients.
Both are clear violations of the Code of Professional
Responsibility. The IBP Board of Governors adopted and
approved the report of the Commission, with an
amendment that the fine to be imposed against
respondent be reduced to P500.00 from P1,000.00.
We are in full accord with the findings and

recommendation of the IBP.
Rule VI, Section 3(a) of the NLRC Rules of Procedure

requires that:
jgc:chanrobles.com.ph
"The appeal shall be filed within the reglementary period

as provided in Section 1 of this Rule; shall be under oath
with proof of payment of the required appeal fee and the
posting of a cash or surety bond as provided in Section 5

of this Rule; shall be accompanied by a memorandum of
appeal which shall state the grounds relied upon and the
arguments in support thereof; the relief prayed for; and
a statement of the date when the appellant received the
appealed decision, order or award and proof of service to
the other party of such appeal.
A mere notice of appeal without complying with the

other requisites aforestated shall not stop the running of
the period for perfecting an appeal." (Emphasis
supplied.)
Respondent’s failure to file the memorandum of appeal

required by the NLRC Rules of Procedure reveals his poor
grasp of labor law. Respondent practically admitted that
he did not file the memorandum, when he claimed that
"despite follow ups made [he had] not yet received an
order wherein which (sic) to file APPEAL BRIEF with the
National Labor Relations Commission." 1 His failure to
file the memorandum clearly prejudiced the interests of
his clients.
Respondent manifestly fell short of the diligence required

of his profession, in violation of Canon 18 of the Code of
Professional Responsibility, which mandates that a
lawyer shall serve his client with competence and
diligence. Rule 18.03 provides: chanrob1es virtua1 1aw 1ibrary
"A lawyer shall not neglect a legal matter entrusted to

him, and his negligence in connection therewith shall
render him liable."
Written Summary
cralaw virtua1aw library
ServicesAs we reiterated in Aromin, Et. Al. v. Boncavil, A.C. No.

5135, September 22, 1999: 2
"Once he agrees to take up the cause of a client, the

lawyer owes fidelity to such cause and must always be
Infographics provide a
of the trust and confidence reposed in him. He
mindful
compelling snapshotmust
of the
serve the client with competence and diligence,

key findings from and
your
champion the latter’s cause with wholehearted
study.
fidelity, care, and devotion. Elsewise stated, he owes
entire devotion to the interest of the client, warm zeal in
the maintenance and defense of his client’s rights, and
the exertion of his utmost learning and ability to the end
that nothing be taken or withheld from his client, save
by the rules of law, legally applied. This simply means
that his client is entitled to the benefit of any and every
remedy and defense that is authorized by the law of the
land he may expect his lawyer to assert every such
remedy or defense. If much is demanded from an
attorney, it is because the entrusted privilege to practice
law carries with it the correlative duties not only to the
client but also to the court, to the bar, and to the public.
A lawyer who performs his duty with diligence and
Written
candor not only protects the interest of his client; he
also serves the ends of justice, does honor to the bar,
Summary
and helps maintain the respect of the community to the
legal profession."
Services
For his failure to issue the proper receipt for the P280.00
he received from his clients — which he later on claimed
to be insufficient for an "old experienced lawyer",
If you’re lookingwhether
to
the amount be P180.00 or P280.00 —
communicate your
respondent also violated Rule 16.01 of the Code of
research, we can Professional

help. Responsibility.
"A lawyer shall account for all money or property

collected or received for or from the client."
cralaw virtua1aw library
WHEREFORE, the Court resolves to FINE Atty. Miguel I.

Icawat in the amount of P500.00, with a warning that a
repetition of the same offense or a similar misconduct
will be dealt with more severely.
SO ORDERED.
Bellosillo, Mendoza, Buena and De Leon, Jr., JJ., concur.
Available
Endnotes:
now
online 1. Rollo, p. 59.
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2. Citing Santiago v. Fojas, 248 SCRA 68, 73-
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A.C. No. 4282 August 24, 2000 - TEODULFO B. BASAS v. MIGUEL I. ICAWAT - August 2000 - Philipppine Supreme Court Decisions

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7/21/2021 A.C. No. 4282 August 24, 2000 - TEODULFO B. BASAS v. MIGUEL I.

v. MIGUEL I. ICAWAT : August 2000 - Philipppine Supreme Court Decisions

Home Law Firm Law Library Laws Jurisprudence

August 2000 - Philippine Supreme Court Decisions/Resolutions

Philippine Supreme Court

[A.C. No. 4282. August 24, 2000.]

MIGUEL I. ICAWAT, Respondent.

Complainant was one of several workers who filed three

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In those cases, the workers alleged that they were

and moral damages. On March 21, 1994, labor arbiter

Valentin C. Guanio rendered a decision in favor of FMC,

Aggrieved, the workers informed respondent that they

Complainant also claims that he and his co-workers gave

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Respondent argues that despite his having filed a notice

On October 24, 1994, we referred this matter to the IBP

In its report dated June 15, 1999, the IBP Commission

We are in full accord with the findings and

Rule VI, Section 3(a) of the NLRC Rules of Procedure

"The appeal shall be filed within the reglementary period

posting of a cash or surety bond as provided in Section 5

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A mere notice of appeal without complying with the

Respondent’s failure to file the memorandum of appeal

Respondent manifestly fell short of the diligence required

"A lawyer shall not neglect a legal matter entrusted to

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ServicesAs we reiterated in Aromin, Et. Al. v. Boncavil, A.C. No.

"Once he agrees to take up the cause of a client, the

serve the client with competence and diligence,

research, we can Professional

"A lawyer shall account for all money or property

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WHEREFORE, the Court resolves to FINE Atty. Miguel I.

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Bellosillo, Mendoza, Buena and De Leon, Jr., JJ., concur.

online 1. Rollo, p. 59.

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