Sunday, December 04, 2011

Gregorio Dimarucot y Garcia vs.. People of the Philippines, G.R. No. 183975,September 20, 2010.

Attorney; mistake binding on client. Petitioner cannot simply harp on the mistakes and negligence of his lawyer allegedly beset with personal problems and emotional depression. The negligence and mistakes of counsel are binding on the client. There are exceptions to this rule, such as when the reckless or gross negligence of counsel deprives the client of due process of law, or when the application of the general rule results in the outright deprivation of one’s property or liberty through a technicality. However, in this case, we find no reason to exempt petitioner from the general rule. The admitted inability of his counsel to attend fully and ably to the prosecution of his appeal and other sorts of excuses should have prompted petitioner to be more vigilant in protecting his rights and replace said counsel with a more competent lawyer. Instead, petitioner continued to allow his counsel to represent him on appeal and even up to this Court, apparently in the hope of moving this Court with a fervent plea for relaxation of the rules for reason of petitioner’s age and medical condition. Verily, diligence is required not only from lawyers but also from their clients. Gregorio Dimarucot y Garcia vs.. People of the Philippines, G.R. No. 183975,September 20, 2010.

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