"x x x.
On the other hand, Atty. Inocentes seeks to distance himself from the events that transpired and the reprimand resulting therefrom by asserting that he was incorrectly punished for Atty. Camano’s acts when his mere participation in the fiasco was to refer complainant and his mother to Atty. Camano.
However, it is precisely because of such participation, consisting as it did of referring the complainant to his associate lawyer, that Atty. Inocentes may be held administratively liable by virtue of his associate’s unethical acts. His failure to exercise certain responsibilities over matters under the charge of his law firm is a blameworthy shortcoming. The term “command responsibility,” as Atty. Inocentes suggests, has special meaning within the circle of men in uniform in the military; however, the principle does not abide solely therein. It controls the very circumstance in which Atty. Inocentes found himself.
We are not unaware of the custom of practitioners in a law firm of assigning cases and even entire client accounts to associates or other partners with limited supervision, if at all. This is especially true in the case of Attys. Inocentes and Camano who, from the records, both appear to be seasoned enough to be left alone in their work without requiring close supervision over each other’s conduct and work output. However, let it not be said that law firm practitioners are given a free hand to assign cases to seasoned attorneys and thereafter conveniently forget about the case. To do so would be a disservice to the profession, the integrity and advancement of which this Court must jealously protect.
That the firm name under which the two attorneys labored was that of Oscar Inocentes and Associates Law Office does not automatically make Atty. Inocentes the default lawyer acting in a supervisory capacity over Atty. Camano. It did, however, behoove Atty. Inocentes to exert ordinary diligence to find out what was going on in his law firm. It placed in Atty. Inocentes the active responsibility to inquire further into the circumstances affecting the levy of complainant’s properties, irrespective of whether the same were in fact events which could possibly lead to administrative liability. Moreover, as name practitioner of the law office, Atty. Inocentes is tasked with the responsibility to make reasonable efforts to ensure that all lawyers in the firm should act in conformity to the Code of Professional Responsibility.[22] It is not without reason or consequence that Atty. Inocentes’s name is that which was used as the official designation of their law office.
With regard to the actual existence of Atty. Inocentes’s supervisory capacity over Atty. Camano’s activities, the IBP Investigating Commissioner based the same on his finding that Atty. Inocentes received periodic reports from Atty. Camano on the latter’s dealings with complainant. This finding is the linchpin of Atty. Inocentes’s supervisory capacity over Atty. Camano and liability by virtue thereof.
Law practitioners are acutely aware of the responsibilities that are naturally taken on by partners and supervisory lawyers over the lawyers and non-lawyers of the law office. We have held that lawyers are administratively liable for the conduct of their employees in failing to timely file pleadings.[23] In Rheem of the Philippines, Inc., et al. v. Zoilo R. Ferrer, et al.,[24] partners in a law office were admonished for the contemptuous language in a pleading submitted to court despite, and even due to, the fact that the pleading was not passed upon by any of the partners of the office. We held therein that partners are duty bound to provide for efficacious control of court pleadings and other court papers that carry their names or the name of the law firm.[25]
We now hold further that partners and practitioners who hold supervisory capacities are legally responsible to exert ordinary diligence in apprising themselves of the comings and goings of the cases handled by the persons over which they are exercising supervisory authority and in exerting necessary efforts to foreclose the occurrence of violations of the Code of Professional Responsibility by persons under their charge. Nonetheless, the liability of the supervising lawyer in this regard is by no means equivalent to that of the recalcitrant lawyer. The actual degree of control and supervision exercised by said supervising lawyer varies, inter alia, according to office practice, or the length of experience and competence of the lawyer supervised. Such factors can be taken into account in ascertaining the proper penalty. Certainly, a lawyer charged with the supervision of a fledgling attorney prone to rookie mistakes should bear greater responsibility for the culpable acts of the underling than one satisfied enough with the work and professional ethic of the associate so as to leave the latter mostly to his/her own devises.
While Atty. Camano’s irregular acts perhaps evince a need for greater supervision of his legal practice, there is no question that it has been Atty. Inocentes’ practice to allow wide discretion for Atty. Camano to practice on his own. It does constitute indifference and neglect for Atty. Inocentes to fail to accord even a token attention to Atty. Camano’s conduct which could have brought the then impending problem to light. But such is not equivalent to the proximate responsibility for Atty. Camano’s acts. Moreover, it appears from the records that Atty. Inocentes is a former judge and a lawyer who, as of yet, is in good standing and it is the first time in which Atty. Inocentes has been made to answer vicariously for the misconduct of a person under his charge. An admonition is appropriate under the circumstances.
WHEREFORE, PREMISES CONSIDERED, the Petition is hereby GRANTED. The Resolution dated 16 April 2004 is AFFIRMED in respect of the sanction meted out on Atty. Camano. Atty. Inocentes is hereby ADMONISHED to monitor more closely the activities of his associates to make sure that the same are in consonance with the Code of Professional Responsibility with the WARNING that repetition of the same or similar omission will be dealt with more severely.
x x x."
See:
GEORGE C. SOLATAN, A.C. No. 6504
Complainant,
Present:
PUNO, J.,
Chairman,
- versus - AUSTRIA-MARTINEZ,
CALLEJO, SR.,
TINGA, and
CHICO-NAZARIO, JJ.
ATTYS. OSCAR A. INOCENTES Promulgated:
and JOSE C. CAMANO,
Respondents. August 9, 2005
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