Case Digest: Elisa Venterez, Genero de Vera, Inocencia V. Ramirez, Pacita V. Mills, Antonina V. Palma and Ramon De Vera, Complainants, v. Atty. Rodrigo R. Cosme , Respondent | A.C. No. 7421, 10 October 2007

Elisa Venterez, Genero de Vera, Inocencia V. Ramirez, Pacita V. Mills, Antonina V. Palma and Ramon De Vera, Complainants, v. Atty. Rodrigo R. Cosme , Respondent
A.C. No. 7421, 10 October 2007

Facts:
Venterez and friends hired Atty. Cosme as counsel for a land title dispute. The court ruled against the complainants. They wanted to file a motion of reconsideration but Atty. Cosme failed or refused to do so. Because of this, the complainants were constrained to contact another lawyer to prepare the motion for reconsideration.

Atty. Cosme claims that the son of one of the complainants informed him that the complainants were withdrawing the case from him because he (the son) engaged another lawyer to take over the case. Atty. Cosme further explained that he even turned over the records of the case to the son, ceased to be counsel of the complainants.

Issue:
Whether or not the respondent violated the Code of the Professional Responsibility (CPR).

Held:
The Supreme Court find the respondent guilty of violating Rule 22.01, Canon 22 of the CPR for abandoning the complainant’s case without a good cause. An attorney may only retire from the case either by a written consent of his client or by permission of the court after due notice and hearing, in which event, the attorney should see to it that the name of the new attorney is recorded in the case.

For failing to protect the interests of the complainants, the respondent violated Rule 18.03, Canon 18 of the CPR.

The Supreme Court suspended the respondent from the practice of law for a period of three months.

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