The Supreme Court found Atty. Evelyn L. Gutierrez guilty of gross negligence and simple misconduct for failing to file an appeal for her client and for falsely assuring him that an appeal had been filed. She was suspended from the practice of law for six months and one day, and fined PHP 20,000.00, with a stern warning.
The Case
Gutierrez, from the Gutierrez & Trinidad Law Office (GT Law Office), was counsel for Rodrigo O. Conche (Conche), who was charged with violating Article II, Section 5 of Republic Act No. 9165.
The Regional Trial Court (RTC) issued a Decision dated May 3, 2012, convicting Conche of the crime charged, and denied his Motion for Reconsideration in an Order dated July 9, 2012. On appeal, the Court of Appeals (CA) affirmed Conche's conviction in a Decision dated September 21, 2015.
GT Law Office received a copy of the CA Decision on October 7, 2015. Based on the CA's Case Management Information System (CMIS) Verification dated April 19, 2016, Gutierrez or GT Law Office did not file any Notice of Appeal nor Motion for Reconsideration; hence, the decision became final and executory on October 23, 2015, and an entry of judgment was issued on the same date.
After learning of the finality of judgment, Conche, through BNG Humanitarian Outreach Volunteer Paralegal Services (BNG), sent letters to the Office of the Chief Justice and the Integrated Bar of the Philippines (IBP) to plead for assistance. On November 29, 2016, Gutierrez filed a motion to withdraw appearance as counsel. On April 13, 2018, the Public Attorney's Office (PAO) entered its appearance and filed a motion to recall entry of judgment and a notice of appeal.
The CA denied these in a Resolution dated January 18, 2019, and denied the Motion for Reconsideration on August 20, 2020. Conche elevated the ruling to the Court as G.R. No. 253312, where, on March 1, 2023, the Court granted the petition, reversed the CA resolutions, recalled the entry of judgment, and directed the CA to give due course to the appeal. That decision also directed the IBP's Commission on Bar Discipline to investigate Gutierrez for her administrative liability.
The Issue
Whether Gutierrez is administratively liable for gross negligence and misrepresentation in handling Conche's case before the CA.
The Ruling
The Court found Gutierrez liable for gross negligence for failing to file an appeal from the CA Decision and for failing to apprise Conche of the status of the case. The Court also found her liable for simple misconduct, disagreeing with the Investigating Commissioner's recommendation to dismiss the misrepresentation charge. The Court held that Conche was misled into believing that an appeal to the Supreme Court had been filed.
The Court's disposition reads: "ACCORDINGLY, the Court finds respondent Atty. Evelyn L. Gutierrez GUILTY of gross negligence and simple misconduct under Sections 33(d) and 34(a) of Canon VI of the Code of Professional Responsibility and Accountability for which she is SUSPENDED from the practice of law for six months and one day, and FINED PHP 20,000.00, respectively. Atty. Evelyn L. Gutierrez is STERNLY WARNED that a repetition of the same or similar acts shall be dealt with more severely."
By the Numbers
- RTC Decision convicting Conche: May 3, 2012
- Order denying Motion for Reconsideration: July 9, 2012
- CA Decision affirming conviction: September 21, 2015
- GT Law Office received CA Decision: October 7, 2015
- CA Decision became final and executory: October 23, 2015
- Motion to withdraw appearance filed: November 29, 2016
- PAO entered appearance: April 13, 2018
- Court granted petition in G.R. No. 253312: March 1, 2023
- Suspension: six months and one day
- Fine: PHP 20,000.00
The Court's Reasoning
The Court stated that each case a lawyer accepts warrants full attention, diligence, skill, and competence, regardless of its significance or whether accepted for a fee or pro bono. It found that it was Gutierrez's failure to stay on top of the case filed with the CA and to update Conche about it that prejudiced her client, who was deprived of his day in court.
On the misrepresentation charge, the Court cited Canon II, Section 11 of the CPRA, which mandates that a lawyer shall not make false representations or statements. The narratives of Conche, his wife Donna Conche, and the BNG chairperson in their affidavits, all submitted and considered in G.R. No. 253312, were sufficient to discharge the burden. The Court considered this a less serious offense of simple misconduct.
In determining the penalty, the Court recognized that this was Gutierrez's first offense and her number of years in the practice of law, as recommended by the IBP. Applying Canon VI, Sections 37, 38, 39, and 40 of the CPRA, it imposed a suspension of six months and one day for the serious offense of gross negligence, and a fine of PHP 20,000.00 for the less serious offense of simple misconduct.
Source: Supreme Court Decision, A.C. No. 14636 (Formerly CBD Case No. 24-7177).
This report summarizes a public Supreme Court decision and is not legal advice.