Heirs of The Late Spouse v. Brillantes
Heirs of The Late Spouse v. Brillantes
Heirs of The Late Spouse v. Brillantes
•upreme Qt:ourt
:fflattila
FIRST DIVISION
The Antecedents
Divina) before Bra..nch 19, Regional Trial Court (RTC), Cauayan City,
Isabela. 3
In the Order8 dated August 11, 2006, the RTC denied Spouses
Divina's motion for reconsideration and declared them in default. Hence,
the Estate was allowed to present its evidence ex-parte. 9
passed from one lawyer to another does not excuse him from his duty to
diligently study a case he agreed to handle. 42
The Issue
The sole issue for the Court's resolution is whether Atty. Brillantes
should be held administratively liable for his actions.
42 Id. at 285.
'' Id.
44 Id. at 286, 288.
45 Id. at 298-304.
46 Id. at 304.
47 Id. at 300.
4
' Id. at 308-3 I I.
49 Id. at 320-321.
Decision 7 A.C. No. 9594
After a careful review of the case, the Court concurs with the
findings and recommendation of the IBP that Atty. Brillantes be
suspended from the practice of law for a period of six (6) months.
50 See Del Mundo v. Atty Capistrano, 685 Phil. 687, 692-693 (2012).
51 Id. at 692.
52 See Hernandez v. Atty Padilla, 688 Phil. 329 (2012).
Decision 8 A.C. No. 9594
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As for the proper penalty, the Court notes these judicial precedents
in relation to the violations discussed above as regards the administrative
sanctions imposed on the erring lawyers therein:
that the actions of Atty. Brillantes caused direct prejudice not against his
clients' cause, but towards the opposing parties, or herein complainants,
instead. As the IBP pointed out, his negligence in handling the case
caused undue delay in the settlement of the Estate, which had been
pending since 1995.
SO ORDERED.
LB. INTING
WE CONCUR:
A L f ~ · GESMUNDO
;!fu;j-Justice
Chairperson
sAMUif:.~
Associate Justice