FIRST
DIVISION
PEOPLE OF
THE
PHILIPPINES,
Plaintiff-Appellee,
G.
R.
No. 117415
January
31, 1996
-versus-
ELISA
MIRANDA Y
DORIA,
Accused-Appellant.
R
E S O L U
T I O N
BELLOSILLO,
J :
Atty.
Tomas P. Evangelista,
counsel de parte for accused-appellant, in compliance with Our
Resolution
of 11 September 1995, explains that he failed to file the appellant's
brief
within the prescribed period, which expired on 27 May 1995, because he
assumed that he had already been relieved as counsel of the accused
since
her father never returned to confer with him and to furnish him with
the
pertinent transcript of stenographic notes which he needed for the
preparation
of appellant's brief.
We cannot accept the
explanation. Counsel knew that he was required to file the brief on or
before 27 May 1995. He could have easily sought an extension and cited
his alleged difficulties with his client and/or her father, if that be
the case. To merely assume that he had already been substituted,
readily
shows his indifference to his professional responsibilities and utter
lack
of concern for the interest of his client who runs the risk of spending
the greater part of her life in confinement.
It may be recalled
that the Court earlier dismissed the instant appeal due to counsel's
inaction
although in a gesture of liberality and compassion for the accused it
decided
to reinstate the appeal and to give her another opportunity to show her
innocence.
ACCORDINGLY, the Court
Resolves to IMPOSE on Atty. Tomas P. Evangelista a fine of P500.00 to
be
paid within five (5) days from notice hereof. Atty. Evangelista is
warned
that a repetition of the same or similar act will be dealt with more
severely.
Let copies of this
Resolution be furnished the Office of the Bar Confidant and the
Integrated
Bar of the Philippines.
SO ORDERED.
Padilla, Vitug, Kapunan
and Hermosisima, Jr., JJ., concur. |