5/19/2021
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1.01 of the Code because respondent employed devious conduct by manifestly delaying
the return of complainant's money. Finally, respondent's failure to return his client's
money violates Canon 16 and Rule 16.01, 16.02, and 16.03 of the Code, which requires
that a lawyer must account for the client's money and promptly return the same.
Where a client gives money to his lawyer for a specific purpose, such as: to file an
action, to appeal an adverse judgment, to consummate a settlement, or to pay a
purchase price for a parcel of land, the lawyer, upon failure to spend the money
entrusted to him or her for the purpose, must immediately return the said money
entrusted by the client.[35] Morever, a lawyer is obliged to hold in trust money of his
client that may come to his possession. As trustee of such funds, he is bound to keep
them separate and apart from his own. Money entrusted to a lawyer for a specific
purpose such as for the filing and processing of a case if not utilized, must be returned
immediately upon demand. Failure to return gives rise to a presumption that he has
misappropriated it in violation of the trust reposed on him. And the conversion of funds
entrusted to him constitutes gross violation of professional ethics and betrayal of public
confidence in the legal profession.[36]
Proper penalty
Having established his administrative liability, the Court must determine the proper
penalty to be imposed upon respondent. In Rollon v. Atty. Naraval,[37] the Court
suspended the respondent therein from the practice of law for two (2) years for failing
to render any legal service even after receiving money from the complainant and for
failing to return the money and documents he received. Similarly, in Agot v. Atty.
Rivera,[38] the lawyer neglected his obligation to secure his client's visa and failed to
return his client's money despite demand. The Court suspended him from the practice
of law for two (2) years. In this case, as respondent violated the Lawyer's Oath, Canons
1 and 16, and Rules 1.01, 16.01, 16.02, and 16.03 of the Code, he is suspended from
the practice of law for two (2) years.
With respect to the amounts received from complainant, the Court finds that these
must be returned by respondent because he did not comply with the legal services
agreed upon. Disciplinary proceedings revolve around the determination of the
respondent-lawyer's administrative liability, which must include those intrinsically linked
to his professional engagement.[39] Consequently, respondent must return the amount
of CAD$2,000.00 to complainant with interest at the legal rate of six percent (6%) per
annum from the date of demand until full payment.
Finally, the Court finds that respondent disobeyed the orders of the IBP Commission. It
must be underscored that respondent owed it to himself and to the entire Legal
Profession of the Philippines to exhibit due respect towards the IBP as the national
organization of all the members of the Legal Profession. His unexplained disregard of
the orders issued to him by the IBP to comment and to appear in the administrative
investigation of his misconduct revealed his irresponsibility as well as his disrespect for
the IBP and its proceedings. He thereby exposed a character flaw that should not
tarnish the nobility of the Legal Profession. He should always bear in mind that his
being a lawyer demanded that he conduct himself as a person of the highest moral and
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