3/30/2021
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In addition, the Court hereby orders Atty. Doctor to return the amount of P800,000.00
and US$4,600.00 which he received in connection with his professional engagement. It
is well to note that while the Court has previously held that disciplinary proceedings
should only revolve around the determination of the respondent-lawyer's administrative
liability and not his civil liability, it must be clarified that this rule remains applicable
only to claimed liabilities which are purely civil in nature - for instance, when the claim
involves moneys received by the lawyer from his client in a transaction separate and
distinct and not intrinsically linked to his professional engagement. Here, since the
aforesaid amounts were given by the complainant and received by Atty. Doctor in
connection with the cases he handled for complainant and intrinsically linked to his
professional engagement, the Court finds the return of the amounts thereof to be in
order.
The Code of Professional Responsibility demands the utmost degree of fidelity and good
faith in dealing with the moneys entrusted to lawyers because of their fiduciary
relationship. Any lawyer who does not live up to this duty must be prepared to take the
consequences of his waywardness.[34]
WHEREFORE, premises considered, respondent Atty. Domingo A. Doctor, Jr. is found
GUILTY of violating Canon 16, Rule 16.01 and Rule 16.03, and Canon 18, Rule 18.03
and Rule 18.04, of the Code of Professional Responsibility. He is hereby SUSPENDED
from the practice of law for a period of TWO (2) YEARS, effective upon receipt of this
Resolution, with a STERN WARNING that a repetition of the same or similar acts will
be dealt with more severely.
Atty. Doctor is ORDERED to return to complainant Joann G. Minas the remaining
balance of P800,000.00 and US$4,600.00 with legal interest, if it is still unpaid, within
ninety (90) days from the finality of this Resolution. Failure to comply with this directive
will merit the imposition of the more severe penalty.
Let copies of this Resolution be furnished to the Office of the Bar Confidant to be
appended to the personal record of Atty. Doctor as a member of the Bar, to the
Integrated Bar of the Philippines, and to the Office of the Court Administrator for
circulation to all court in the country for their information and guidance.
SO ORDERED.
Peralta, C.J., Perlas-Bernabe, Caguioa, Gesmundo, Reyes, J., Jr., Carandang, LazaroJavier, Inting, Zalmeda, Lopez, Delos Santos, and Gaerlan, JJ., concur.
Leonen, J., see separate opinion.
Hernando, and Reyes, J., Jr., JJ., on official leave.
[1] Rollo, pp. 2-8.
[2] Id. at 5-6.
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