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Eduardo T. Abay Vs. Atty. Raul T. Montesino.

EDUARDO T. ABAY, complainant, vs. Atty. RAUL T. MONTESINO, respondent.

A.C. No. 5718 | 2003-12-04

D E C I S I O N

PANGANIBAN, J.:

The failure to file an appellate court brief without any justifiable reason deserves sanction. Lawyers who disagree with the pursuit of an appeal should properly withdraw their appearance and allow their client to retain another counsel.

The Case and the Facts

In a Complaint[1] dated June 21, 2002, Eduardo T. Abay charges Atty. Raul T. Montesino with gross negligence, gross incompetence and evident bad faith, in violation of his oath as a member of the Philippine bar.

Complainant avers that the Negros Institute of Technology (NIT), of which he is a stockholder, hired respondent as counsel in an action...