5/19/2021 E-Library - Information At Your Fingertips: Printer Friendly of the nullity of her marriage.[19] Respondent advised complainant that he will not be refunding the acceptance fee she paid because it was already used to prepare the petition for annulment. Respondent also claimed that in March 2016, complainant confirmed that she was not anymore engaging his legal services and that she begged for the recovery of her legal payment.[20] Respondent further asserted that in June 2016, he received a call from Conrad but he was hesitant to talk to him because he doubted whether Conrad was truly complainant's son. Nevertheless, respondent admitted that he was constantly messaged by Conrad and he informed him that he would be returning half of the legal fees of complainant by the last week of October. However, on October 19 to 20, 2016, typhoon Lawin hit Northern Luzon and he had to go to Kalinga. Respondent claims that before he left, he endorsed the reimbursement of the P30,000.00 legal fees of complainant with his law office. On May 27, 2017, he received a copy of this administrative complaint. Upon reviewing their records, respondent was surprised that the envelope containing the money due to complainant was still in their law office. Respondent acknowledged his inadvertence and that he is willing to tender the reimbursement of complainant's money as soon as possible.[21] On September 4, 2017, the Commission issued a Notice of Mandatory. Conference/Hearing[22] notifying the parties to appear on October 12, 2017 and requiring them to submit their respective conference briefs. On, the said date, only Conrad, complainant' s authorized representative, appeared. Due to respondent's failure to appear before the Commission, the conference was terminated. The Commission issued an Order[23] requiring the parties to file their respective position papers. Only complainant filed her position paper. In her Position Paper,[24] complainant argued, among others, that respondent violated the Lawyer's Oath, Canon 1 and Rule 1.01 of the Code because he unlawfully withheld complainant's money even though he failed to file the required civil case and he was deceptive by giving false hope that the said funds should be returned. She also asserted that respondent violated Canon 16, and Rules 16.01, 16.02, and 16.03 of the Code because he failed to account for the money due to complainant, which raises the presumption of misappropriation. She further claimed that respondent violated Canon 21, and Rules 21.01 and 21.02 of the Code because he wrongfully divulged her personal information. Report and Recommendation In its Report and Recommendation[25] dated January 13, 2018, the Commission found that respondent should have returned the money paid by complainant. Respondent's failure to return the client's money and giving false expectation of paying the same despite several demands violate the Lawyer's Oath and Canon 1 of the Code. The Commission recommended the penalty of suspension of one (1) year from the practice of law against respondent. In its Resolution[26] dated June 28, 2018, the IBP Board of Governors (IBP Board) https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66381 3/10