in Re - Filart

FIRST DIVISION
[September 27, 1919.]
In re the complaint against Attorney ANACLETO FILART.
Acting Attorney-General Feria for the Government.

The respondent in his own behalf.
SYLLABUS
1. ATTORNEYS AT LAW; LEGAL ETHICS; SUSPENSION OR DISBARMENT;

KNOWLEDGE OF LAW. — An attorney at law is not expected to know all the law. For an
honest mistake or error, an attorney is not liable.
2. ID.; ID.; ID.; NEGLIGENCE. — The lack of due care is a breach of the attorney's
undertaking with his client, and is indicative of a disregard of the attorney's duties to
the court. E. g., for carelessness in attending to the cause of poor clients, an attorney is
reprimanded.
3. ID.; LIABILITY TO CLIENTS. — A client whose rights have been prejudiced by
the failure or by the delay of an attorney in preparing or ling pleadings necessary in the
proper conduct of a cause, and in taking such steps as may be required in the progress
of the case, and who has suffered damages as the result of his attorney's negligence or
misconduct, may recover therefor.
DECISION
MALCOLM , J : p
These proceedings were instituted at the instance of thirty-seven residents of

Asingan, Pangasinan, who led a complaint against attorney Anacleto Filart for
malpractice, alleging in substance:
1. That while Filart was deputy scal of Pangasinan he received of them the sum
of P111 as fees for drafting a memorandum in connection with Registration Case No. 3,
Record No. 8540;
2. That Filart was guilty of fraud and negligence in prosecuting the appeal to the
Supreme Court, he having practically abandoned the case.
In connection with point No. 1, even admitting that Filart while deputy scal
received such a sum of complainants, which respondent denies, Filart seems to have
had a legal right to receive compensation as an attorney, the o ce of deputy provincial
scal not being speci cally included in section 36 of the Code of Civil Procedure as
amended by Act No. 1702, as an o cial who shall not engage private practice. It is also
to be noted that Filart did not up the case of his own volition but was ordered by the
court to defend the rights of petitioners because the attorney they formerly retained
was almost always in a state of intoxication.
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In connection with point No. 2, the following facts are important:
1. That having resigned as deputy scal, and having engaged in the practice of
law, complainants asked Filart to prosecute the appeal of their case;
2. That Filart received from complainants sums of money, P870 according to
complainants, and P160 according to respondent;
3. That complainants were driven from their lands, and their houses were
destroyed, by order of the court.
The facts which support the allegations of fraud and negligence on the part of
respondent are:
1. The lapse of fty-one days between the receipt of notice of denial of motion
for a new trial (March 7, 1917) until the ling of the bill of exceptions (April 27, 1917)
when the statutory period is only thirty days (Act No. 2347, sec. 26);
2. Failure to perfect a satisfactory bill of exceptions after repeated amendments
and re-amendments;
3. Failure to file a bond in order to prevent execution;
4. Assurances made by respondent that all was right.
1. This is explained by the fact that the record was not in the clerk's o ce. The
date when the answers to Filart's questions from the Land Registration O ce reached
Filart, which were to be made a part of the bill of exceptions, does not appear in the
record. Filart also alleges he made an oral motion to extend the period xed by law for
the ling of the bill of exceptions, but that motion appears to have been overlooked by
the judge;
2. The parties are agreed that the bills of exceptions are voluminous. Respondent
further pleads pressure of work in his law office;
3. Respondent says that he believed execution would not be valid until after
certiorari proceedings were decided;
4. The exact nature of the assurances do not clearly appear in the record —
possibly they are no more than what an attorney fairly con dent of success would
make to a client.
The Acting Attorney-General believes that the facts are not su cient to support
the complaint, and recommends dismissal of the case. We agree to the extent that
such gross misconduct or negligence has not been shown as warrants disbarment or
suspension pursuant to sections 21 and 22 of the Code of Civil Procedure. "That part of
the profession," said Lord Mans eld in Pitt vs. Yalden, ([1767], 4 Burr., 2060), "which is
carried on by attorneys is liberal and reputable, as well as useful to the public, when
they conduct themselves with honor and integrity; and they ought to be protected when
they act to the best of their skill and knowledge. But every man is liable to error; and I
should be very sorry that it should be taken for granted that an attorney is answerable
for every error or mistake. . . . A counsel may mistake as well as an attorney. . . . Yet no
one will say that a counsel who has been mistaken shall be charged. . . . Not only
counsel but judges may differ, or doubt, or take time to consider. Therefore, an attorney
ought not to be liable in case of reasonable doubt." "No attorney," said Chief Justice
Abbott, "is bound to know all the law; God forbid that it should be imagined that an
attorney or a counsel, or even a judge, is bound to know all the law." (Montorious vs.
Jefferys, Car. & P., 113.)
The court, having in mind the many appeals which have been dismissed because
of the lack of diligence of counsel, cannot let the occurrence pass without expressing a
strong disapproval of such criminal carelessness. While we would not wish to assume
a harsh and uncompromising attitude towards attorneys-at-law, we would wish for
them to know that by indulging in such unprofessional tactics they by come unworthy
of the trust which the law reposes in them. The lack of due care is a breach of the
attorney's undertaking with his client, and is indicative of a disregard of the attorney's
duties to the court. We bring to the notice of clients whose rights have been prejudiced
by the failure or by the delay of an attorney in preparing or ling pleadings necessary in
the proper conduct of a cause, and in taking such steps as may be required in the
progress of the case, that the client who has suffered damages as the result of his
attorney's negligence or misconduct may recover therefor. In Drais vs. Hogan ( [1875],
50 Cal, 121), although many other cases might be cited, it was held that "if a judgment
is obtained against a party upon a complaint which is radically defective, and he desires
to appeal, and procures bondsmen, but his attorney neglects to do so until the time for
appeal expires, the attorney is guilty of gross negligence, and is liable for the loss
sustained by the client."
Without, therefore, desiring especially to overemphasize the dereliction of
Attorney Anacleto Filart for, sad to relate, he is only one of a class, it does become our
solemn duty to reprimand him for carelessness and misconduct in attending to the
cause of poor clients. Let a copy of this order be furnished to the respondent for his
information with a warning that a more severe punishment will be meted out to him in
case of a repetition of similar acts and omissions; and let a copy hereof be led with
his personal papers in this court. So ordered.
Arellano, C. J., Torres, Johnson, Araullo, Street and Avanceña, JJ., concur.

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FIRST DIVISION

[September 27, 1919.]

In re the complaint against Attorney ANACLETO FILART.

Acting Attorney-General Feria for the Government.

1. ATTORNEYS AT LAW; LEGAL ETHICS; SUSPENSION OR DISBARMENT;

These proceedings were instituted at the instance of thirty-seven residents of

CD Technologies Asia, Inc. © 2018 cdasiaonline.com

CD Technologies Asia, Inc. © 2018 cdasiaonline.com

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