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PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[UNAV January 28, 1961. ]

IN THE MATTER OF ATTY. FILOTEO DIANALA JO.


R E S O L U T I O N


CONCEPCION, J.:


By a communication dated June 23, 1959, the Clerk of Court notified Atty. Filoteo Dianala Jo, as counsel for the defendant- appellant in case G.R. No. L-15255, entitled "The People of the Philippines v. Yakan Malat", that all the evidence, oral and documentary presented in said case were already attached to the record thereof and at his disposal in this Court, for the preparation of appellant’s brief, which should be printed and filed within 30 days from said notice, which was received by said counsel on June 29, 1959. Although, upon subsequent motions filed by Atty. Dianala Jo, said period had been extended from time to time up to August 29, 1959, the aforementioned brief was not filed. Hence, on October 30, 1959, said counsel was required to explain, within 10 days from notice, why disciplinary action should not be taken against him. On December 1, 1959, Atty. Dianala Jo filed a motion stating that by August 6, 1959, he had completed the preparation of his brief - copy of which was attached to the motion - and that, this notwithstanding, he did not file it, because he could not get in touch with appellant herein or his relatives, despite his efforts to locate them, and because he had been informed that appellant’s relatives "had disagreed on continuing the appeal," and praying, for these reasons, that no disciplinary action be taken against him. The Court considered this explanation unsatisfactory and by resolution dated December 7, 1959, imposed upon him a fine of P50.00, payable within 10 days from notice. On December 22, 1959, Atty. Dianala Jo filed a motion dated December 19, 1959, stating that he had received notice of said resolution on December 10, 1959, and that the period to pay said fine would expire on December 20, 1959, and praying "that he be given an extension of fifteen (15) days (no further extension) to pay the said fine." By resolution dated December 24, 1959, said motion "for a first and last extension of 15 days from December 20, 1959, within which to pay the fine of P50.00" was granted. Having filed to pay said fine within the period thus extended, respondent was warned, by resolution of this Court dated January 21, 1960, that if he did not pay said fine of P50.00 within 10 days from notice thereof, he would be ordered arrested and confined in jail. This warning not having been heeded, this Court approved, on November 18, 1960, a resolution giving respondent 10 days from notice why he should not be suspended form the practice of law. Respondent received notice of this resolution, on November 25, 1960, but he did not even care to explain his behavior, thus making manifest his contumacy and unwillingness to comply the lawful orders of this Court of which he is an officer or to conduct himself as a lawyer should, in violation of his oath of office.

WHEREFORE, respondent Filoteo Dianala Jo is hereby suspended from the practice of law throughout the Philippines for a period of three (3) months, to begin upon the expiration of fifteen (15) days from notice of this resolution. Let copies of this resolution, once final, be served upon the Department of Justice and all courts of first instance in the Philippines. It is so ordered.

Padilla, Bautista Angelo, Labrador, Reyes, J .B.L., Barrera, Gutierrez David, Paredes and Dizon, JJ., concur.

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