In Atty. Fortunato Pagdanganan, Jr. v. Florentino P. Sarmiento, the Supreme Court held that notice to a counsel of record is binding upon the client, and failure of the counsel to file withdrawal of appearance makes the counsel still the representative of the client. Consequently, the petition for certiorari filed before the Court of Appeals (CA) was filed out of time. This ruling underscores the importance of adhering to procedural rules, especially concerning deadlines for filing legal actions, and the binding nature of counsel’s actions on their clients.

The Case of the Tardy Appeal: Who Bears the Brunt of Counsel’s Delay?

This case arose from a labor complaint filed by Florentino P. Sarmiento against Sea Gem Maritime International, Inc., Corinthian Maritime S. A., and several individuals, including Atty. Fortunato Pagdanganan, Jr., Atty. Abigail D. Suarez, and Eugenio A. Villanueva. Sarmiento sought unpaid salaries, disability benefits, sickness allowance, and reimbursement of medical expenses. The Labor Arbiter (LA) initially ruled in Sarmiento’s favor, holding the named parties jointly and severally liable for his money claims. However, the National Labor Relations Commission (NLRC) modified the LA’s decision, absolving petitioners Atty. Pagdanganan, Atty. Suarez, and Villanueva from any liability, prompting Sarmiento to file a petition for certiorari before the CA, which was ultimately filed beyond the prescribed period. The Supreme Court was tasked to determine if the CA erred in finding grave abuse of discretion on the part of the NLRC, despite the fact that Sarmiento’s petition challenging the NLRC Decision was filed out of time.

The central issue revolved around the timeliness of Sarmiento’s petition for certiorari filed with the CA. The Rules of Court, specifically Section 4, Rule 65, as amended, mandates that a petition for certiorari must be filed within sixty (60) days from notice of the judgment, order, or resolution being challenged. In cases where a motion for reconsideration or new trial is timely filed, the 60-day period is counted from the notice of the denial of such motion. Here, Sarmiento’s counsel of record, Atty. Jay T. Borromeo, received notice of the NLRC’s resolution on December 30, 2010, on January 12, 2011. However, Sarmiento, acting personally, filed the petition for certiorari only on April 7, 2011, claiming he was personally notified of the resolution on February 10, 2011. This discrepancy in dates became the focal point of the dispute.

The Supreme Court emphasized the established principle that when a party is represented by counsel, notices of all kinds, including court orders and decisions, must be served on the counsel. Notice to the counsel is considered notice to the client. This rule is rooted in the concept of agency, where the counsel acts as the agent of the client in legal proceedings. As the High Court stated, quoting GCP-Manny Transport Services, Inc. v. Hon. Principe:

The rule is that when a party is represented by counsel in an action in court, notices of all kinds including motions, pleadings and orders must be served on the counsel. And notice to such counsel is notice to the client. Notice sent to counsel of record is binding upon the client and the neglect or failure of counsel to inform him of an adverse judgment resulting in the loss of his right to appeal is not a ground for setting aside a judgment, valid and regular on its face.

Building on this principle, the Court addressed Sarmiento’s contention that Atty. Borromeo had been discharged as counsel before Sarmiento received the resolution. The Court pointed out that Atty. Borromeo did not file a formal withdrawal of appearance prior to Sarmiento filing the petition. According to Section 26, Rule 138 of the Rules of Court, an attorney may retire from an action only with the written consent of the client filed in court or with the court’s permission after notice and hearing. Until such formal withdrawal is made, the counsel remains the client’s representative of record.

Even though there was an agreement between Sarmiento and Atty. Borromeo that ended the professional relationship, such agreement did not have a legal effect without the proper court procedures to be followed. Moreover, the Court pointed out that Atty. Borromeo eventually filed a Manifestation with Notice of Withdrawal of Appearance before the CA, confirming that he was, in fact, Sarmiento’s legal counsel at the time he received the resolution. Therefore, the 60-day period for filing the petition for certiorari should have been computed from January 12, 2011, making Sarmiento’s filing on April 7, 2011, significantly delayed.

The Supreme Court concluded that the CA did not acquire jurisdiction over Sarmiento’s petition because it was filed out of time. Consequently, the NLRC’s ruling, which absolved the petitioners from liability, stood. This decision highlights the critical importance of adhering to procedural rules and the consequences of failing to meet deadlines in legal proceedings. It underscores the principle that a client is bound by the actions and inactions of their counsel, especially regarding the receipt of notices and the filing of appeals or petitions.

The implications of this case are far-reaching, particularly in labor disputes and other legal contexts where strict adherence to procedural rules is essential. It serves as a reminder to litigants to ensure that their counsel promptly informs them of any developments in their case and that they comply with all deadlines for filing legal actions. Furthermore, it emphasizes the responsibility of counsel to formally withdraw their appearance if they are no longer representing a client to avoid confusion and potential prejudice.

This ruling also highlights the potential pitfalls of self-representation, especially when a litigant has previously been represented by counsel. While Sarmiento had the right to represent himself, his decision to do so without ensuring the proper withdrawal of his previous counsel ultimately led to the dismissal of his petition. This underscores the value of legal expertise and the importance of seeking professional guidance in navigating complex legal procedures.

FAQs

What was the key issue in this case?	The key issue was whether the petition for certiorari filed before the Court of Appeals was filed within the reglementary period, considering that notice to the counsel of record was made earlier than the personal notice to the client.
What is the reglementary period for filing a petition for certiorari?	According to Section 4, Rule 65 of the Rules of Court, a petition for certiorari must be filed within sixty (60) days from notice of the judgment, order, or resolution being challenged.
What happens when a party is represented by counsel?	When a party is represented by counsel, notices of all kinds, including court orders and decisions, must be served on the counsel, and notice to the counsel is considered notice to the client.
What is required for a counsel to withdraw their appearance?	According to Section 26, Rule 138 of the Rules of Court, an attorney may retire from an action only with the written consent of the client filed in court or with the court’s permission after notice and hearing.
Why was the petition for certiorari in this case dismissed?	The petition for certiorari was dismissed because it was filed beyond the 60-day reglementary period, which was reckoned from the date the counsel of record received the notice of the NLRC’s resolution.
What is the significance of the counsel’s failure to file a withdrawal of appearance?	The counsel’s failure to file a formal withdrawal of appearance meant that he remained the counsel of record, and any notice served on him was binding on the client, regardless of any private agreement between them.
What is the main takeaway from this case?	The main takeaway is the importance of adhering to procedural rules and deadlines in legal proceedings and the binding nature of counsel’s actions and inactions on their clients.
How can litigants ensure compliance with procedural rules?	Litigants should ensure that their counsel promptly informs them of any developments in their case and that they comply with all deadlines for filing legal actions. They should also ensure that their counsel formally withdraws their appearance if they are no longer representing them.

In conclusion, the Supreme Court’s decision in Atty. Fortunato Pagdanganan, Jr. v. Florentino P. Sarmiento serves as a crucial reminder of the importance of procedural rules in legal proceedings. The ruling emphasizes that notice to counsel is notice to the client, reinforcing the responsibility of legal representatives and the need for clear communication between attorneys and their clients. This case underscores the principle that compliance with deadlines and formal legal procedures is essential for preserving one’s rights in the judicial system.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: ATTY. FORTUNATO PAGDANGANAN, JR., VS. FLORENTINO P. SARMIENTO, G.R. No. 206555, September 17, 2014