Orbit Transportation v WCC

Orbit Transportation v. WCC FACTS: The Court administers a reprimand to counsels for petitioner for not having pleaded and instead having suppressed from their statement of the case and of the questions of law involved in the petition material facts found in the respondent commission's decision sought to be appealed from, which show the petition's lack of merit. Messrs. Sergio D. endero and !enerio !. "artonico as counsel for petitioner filed the petition at bar for review of respondent #orkmen's Compensation Commission's decision and resolution directing petitioner to pa$ respondent%claimant &as grandchild%dependent of the deceased driver%emplo$ee inter alia the principal sum of (),*+. as compensation and burial e-penses. n their /summar$ statement of the matters involved,/ counsel claimed that the /questions of law involved/ were0 1. t was an error not to consider the pa$ment of (2,. in (hilippine currenc$ as full and complete pa$ment of the compensation for the death of !amon Crespo. 3. t was an error to disregard the e-press and obvious statement in 4-hibit 1 of such pa$ment. Counsel further contended that /in this particular case, the petitioner voluntaril$ paid the amount of (2,. in cash. the #orkmen's Compensation Commission or an$ government agenc$ for that matter cannot sa$ that voluntar$ pa$ment and the evidence of such pa$ment violate the provisions of 5ct *)36 simpl$ because the same did not pass through its office,/ and that /&There can be no other conclusion but that the entire case hinges on the question of whether or not the pa$ment of (2,. in cash is in full and complete compensation for the death of !amon Crespo in accordance with the #orkmen's Compensation 7aw. This matter is certainl$ a question of law./ Court denied the petition and required counsel to show cause wh$ the$ /should not be disciplinar$ dealt with for suppressing from &their statement of the case and questions of law involved in the petition the material facts found in the #orkmen's Compensation Commission's decision 'that the amount of (2,. claimed to be the compensation for the death of !amon Crespo b$ the respondent &herein petitioner is the proceeds of the insurance procured b$ the deceased  with premiums paid from the dail$ income of the late !amon Crespo' and that the claim was an uncontroverted claim with the apparent intent of m isleading the Court as to the merits of the petition.'/ Counsel promptl$ filed their /e-planation and apolog$/. SS84 #9: counsel should be reprimanded for suppression of material information. ;47D0 <4S. The Court has time and again stressed that members of the bar owe fidelit$ to the courts as well as to their clients and that the$ must show faithful adherence to the provisions of !ule =, section 2 that /the signature of an attorne$ constitutes a certificate b$ him that he has read the pleading and that to the best of his knowledge, information and belief, there is good ground to support it; and that it is not interposed for delay" with delay"  with the admonition therein that /for a  willful violation of this rule an attorne$ ma$ be sub>ected to disciplinar$ action./ The cooperation of litigants and their attorne$s is required so that needless clogging of the court dockets with unmeritorious cases ma$ be avoided leaving the courts free to devote their time and attention to meritorious and trul$ contentious cases. n this, the attorne$ pla$s a ma>or role of advising his client to refrain from seeking further appellate review and action in plainl$ untenable cases. Counsel's proffered e-cuse for their suppression of the material facts that the receipt signed b$ the deceased emplo$ee's heirs was in pa$ment of the deceased's insurance ¬ compensation and that respondent was entitled to the compensation award as the claim was uncontroverted , to wit, that a cop$ of respondent commission's decision was attached to the petition, manifestl$ violates the requirement of !ule )*, section 3 that /the petition shall contain a concise statement of the issues involved and the ground relied on for the petition .../ and that /the question raised must be distinctly set forth in the petition./ 5CC?!D:@7<, the Court administers a reprimand to 5tt$s. Sergio D. endero and !enerio !. "artonico.