The defense of denial proferred by respondent is not convincing. Quite the contrary, when he
paid P10,000 and issued a check to complainant as his moral obligation, he indirectly admitted
the charge. Normally, this is not the actuation of one who is falsely accused of appropriating the
money of another. This is an admission of misconduct.xxvii[27] In his Answer submitted to this
Court, he declared:
(8). That I have no knowledge, information or belief as to truthfulness of the allegation of the
Petitioner, on his allegation no. 8 and no. 9, the truth being that in all the cases and assignments
made by the Petitioner to me, I was made to report to him personally and to his Board of
Directors the progress of the cases both orally and in writing. I even [went] to the extent of
paying him P10,000.00 as my moral obligation only to find after accounting that he still owes me
P180,000.00 as attorneys fee [to] which I am entitled under rule 130 of the rules of court sec. 24,
and under sec. 37 of the above-cited rules, I have the right to apply the funds received from
Gatchalian in satisfaction of my claim for Professional Services, otherwise known as Attorneys
Lien, as shown in my Service Billings and Statement of Accounts.xxviii[28] (emphasis ours)
Contrary to respondents claim, the amount of $2,555 was not a part of his attorneys lien. He
demanded the money from his client on the pretext that it was needed for the Petition before the
Supreme Court, but he actually converted it to his personal gain. This act clearly constitutes
malpractice.xxix[29] The claim that respondent merely applied his lien over the funds of his
client is just an afterthought, the accounting being made after the fact. It is settled that the
conversion by a lawyer of funds entrusted to him is a gross violation of professional ethics and a
betrayal of public confidence in the legal profession.xxx[30]
Third. In an effort to conceal his misappropriation of the money entrusted to him, respondent
gave complainant a photocopy of a receipt purportedly showing that the Supreme Court had
received the sum of $2,555 from him. Again, the testimonies of Gatchalianxxxi[31] and
Delesxxxii[32] were equally clear on this point. After respondent had presented the false receipt,
Gatchalian learned that no such payment was made. Ms Araceli Bayuga of the Supreme Court
Cash Collection and Disbursement Division issued a certification that respondent had paid the
amount of P622 only, not $2,555. In fact, the records of the said casexxxiii[33] contain no
indication at all the Court has required the payment of the latter sum, or that it has been paid at
all.
Juxtaposed to the complainants evidence, the bare denials of respondent cannot overturn the
IBPs findings that he has indeed presented a false receipt to conceal his misappropriation of his
clients money. We agree with the IBP that it is unbelievable that the complainant in the person of
Rogelio Gatchalian, being a layman as he is without any knowledge in the procedure of filing a
case before the Supreme court, could spuriously weave such documents which are denied by the
respondent.xxxiv[34]
In view of the foregoing, respondent has clearly failed the standards of his noble profession. As
we have stated in Resurrecion v. Sayson:xxxv[35]
[L]awyers must at all times conduct themselves, especially in their dealings with their clients and
the public at large, with honesty and integrity in a manner beyond reproach.