A.C. No.

5174 : February 28, 2002

ERNESTO M. RAMOS, complainant, vs. ATTY. MARIANO A. DAJOYAG,

JR., respondent.

FACTS:
This is a complaint filed by Ernesto M. Ramos against Atty. Mariano A. Dajoyag Jr.
for negligence in failing to appeal a ruling of the NLRC, which affirmed the dismissal by
the Labor Arbiter of a complaint for illegal dismissal.

It appears that Ramos was terminated from work for failure of his lawyer, Atty. Dajoyag,
to file on time the petition for certiorari, when the Supreme Court dismissed it with finality.

From the records, it can be gleaned that Atty. Dajoyag moved for an extension to file
which was granted but the Resolution granting the 1st extension contained a warning that
no further extension would be given. Atty. Dajoyag, on the other hand, explained that he
was not aware of this because when he filed his motion for last extension for only 20 days,
he had not yet received the copy of said resolution. He further explained that he relied on
good faith that his Motion for 1st Extension of 30 days would be granted without the
warning – as this was only a first extension; and also that he requested for a second and
last extension of 20 days for which he complied with the filing of the Petition for Certiorari
on the last day of the supposed extended period.

ISSUE:
Whether or not Atty. Dajoyag is guilty of negligence.

HELD:
Yes, Atty. Dajoyag is guilty of negligence.
Rule 12.03 of the Code of Professional Responsibility provides: “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 so ".
Motions for extension are not granted as a matter of right but in the sound discretion of
the court, and lawyers should never presume that their motions for extension or
postponement will be granted or that they will be granted the length of time they pray for.
Due diligence requires that they should conduct a timely inquiry with the division clerks
of court of the action on their motions and, the lack of notice thereof will not make them
any less accountable for their omission.
WHEREFORE, Atty. Mariano A. Dajoyag, Jr. is REPRIMANDED. He is admonished
henceforth to exercise greater care and diligence in the performance of his duties towards
his clients and the courts and warned that repetition of the same or similar offense will be
more severely dealt with.