Dear Atty. Gab,

Musta, Atty! I am writing to you out of deep concern. I hired a lawyer to represent me in a property dispute after my neighbor tried to claim a portion of my land. I trusted my lawyer completely, but it turns out he missed a crucial deadline for filing an important document in court. Now, I’m afraid that because of his negligence, the court might rule against me. I am not a lawyer myself, and I don’t understand all the legal technicalities. Is it possible that I could lose my case simply because my lawyer made a mistake? What are my rights in this situation? Any advice you can provide would be greatly appreciated.

Thank you for your time and consideration.

Sincerely,
Carlos Mendoza

Dear Carlos,

I understand your concern. It’s definitely unsettling to think your case could be jeopardized by your lawyer’s mistake. The good news is, the courts recognize that clients shouldn’t always be penalized for their lawyer’s errors. However, there are limits. Here’s a brief explanation of the situation so that you can better understand the circumstance.

When is a Client Responsible for Their Lawyer’s Actions?

Philippine jurisprudence holds clients accountable for the actions—or inactions—of their chosen legal representatives. However, the court also understands that strict adherence to this rule could lead to unfair outcomes.

The Supreme Court has repeatedly emphasized that the negligence of counsel can indeed affect the client’s case. However, this is not an absolute rule, and there are exceptions to the general principle that a client is bound by the actions of their counsel. For example, forum shopping is one such action. It occurs when a litigant sues the same party against whom another action or actions for the alleged violation of the same right and the enforcement of the same relief is/are pending. It can also be the institution of two or more actions or proceedings grounded on the same cause on the supposition that one or the other court would make a favorable disposition.

The rule against forum shopping aims to prevent unscrupulous litigants from taking advantage of multiple tribunals to seek a favorable outcome. The courts discourage parties from repeatedly trying their luck in different forums until a favorable result is reached. As such, any violation of these rules results in the dismissal of a case.

The Court also emphasizes the importance of acting in good faith and following procedural rules. The failure to comply with these rules can lead to adverse consequences. The Supreme Court has established clear guidelines for determining when a case should be dismissed for violating rules. However, these rules are made for a reason. These rules are made to provide an orderly administration of justice and should not be disregarded wantonly to meet the convenience of a party. A party cannot ask for what amounts to special treatment, or an exemption from the rules, on the basis of some alleged oversight.

“Forum shopping is an act of a party, against whom an adverse judgment or order has been rendered in one forum, of seeking and possibly getting a favorable opinion in another forum, other than by appeal or special civil action for certiorari. It may also be the institution of two or more actions or proceedings grounded on the same cause on the supposition that one or the other court would make a favorable disposition. The established rule is that for forum shopping to exist, both actions must involve the same transactions, same essential facts and circumstances, and must raise identical causes of actions, subject matter, and issues.”

What this means for you, Carlos, is that the court will usually consider if the lawyer’s mistake was excusable and if you acted diligently despite the error. The court does not want to render two separate and contradictory decisions from two competent tribunals.

“The grave evil sought to be avoided by the rule against forum shopping is the rendition by two competent tribunals of two separate and contradictory decisions. Unscrupulous party litigants, taking advantage of a variety of competent tribunals, may repeatedly try their luck in several different fora until a favorable result is reached. To avoid the resultant confusion, this Court strictly adheres to the rules against forum shopping, and any violation of these rules results in the dismissal of a case.”

Ultimately, the decision will depend on the specifics of your case and the judge’s discretion. The court does not want litigants to take advantage of a variety of competent tribunals.

Where a litigant sues the same party against whom another action or actions for the alleged violation of the same right and the enforcement of the same relief is/are pending, the defense of litis pendencia in one case is a bar to the others; and, a final judgment in one would constitute res judicata and thus would cause the dismissal of the rest.

Litis pendencia exists when there is identity of parties, or at least such parties representing the same interests in both actions; there is identity of rights asserted and relief prayed for, the relief being founded on the same set of facts; and the identity of the two preceding particulars is such that any judgment rendered in the pending case, regardless of which party is successful, would amount to res judicata in the other.

Practical Advice for Your Situation

• Review your legal agreement with your lawyer: Understand the scope of their responsibilities and any clauses related to negligence or errors.
• Document everything: Keep detailed records of all communications with your lawyer, including dates, instructions, and any assurances given.
• Consult with another lawyer: Get a second opinion on the merits of your case and the potential impact of your previous lawyer’s mistake.
• Consider filing a complaint: If your lawyer was indeed negligent, consider filing a formal complaint with the Integrated Bar of the Philippines.
• Attend hearings: Make an effort to be present during court proceedings.
• Monitor the case closely: Don’t solely rely on your lawyer. Make sure to monitor the case and deadlines closely.

Remember that you have rights and options. Exploring these options is crucial to protecting your interests.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.