5/19/2021
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adopted with modification the penalty recommended against respondent to suspension
from the practice of law for a period of two (2) years; and payment of a fine of
P5,000.00 for failure to file his position paper before the Commission.
Respondent filed a Motion for Reconsideration[27] with the IBP arguing he did not file
his position paper because he thought that his Answer was sufficient compliance; and
that he was willing to return the money of complainant.
In its Resolution[28] dated May 27, 2019, the IBP Board denied the motion for
reconsideration and further modified the penalty recommended against respondent
requiring that he return the amount of CAD$2,000.00 due to complainant with the
applicable interest from the time of demand in 2016.
The Court's Ruling
The Court adopts the findings of the Commission and the recommendation of the IBP
Board with modifications.
Lawyers should always live up to the ethical standards of the legal profession as
embodied in the Code. Public confidence in law and in lawyers may be eroded by the
irresponsible and improper conduct of a member of the bar. Thus, every lawyer should
act and comport himself in a manner that would promote public confidence in the
integrity of the legal profession.[29]
The Lawyer's Oath requires every lawyer to "delay no man for money or malice" and to
act "according to the best of [his or her] knowledge and discretion, with all good fidelity
as well to the courts as to [his or her] clients."[30] A lawyer is duty-bound to serve his
client with competence, and to attend to his client's cause with diligence, care and
devotion. This is because a lawyer owes fidelity to his client's cause and must always
be mindful of the trust and confidence reposed on him.[31]
Canon 1 clearly mandates the obedience of every lawyer to laws and legal processes. A
lawyer, to the best of his ability, is expected to respect and abide by the law, and thus,
avoid any act or omission that is contrary to the same.[32] Rule 1.01 of the Code states
that a lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. It
instructs that as officers of the court, lawyers are bound to maintain not only a high
standard of legal proficiency, but also of morality, honesty, integrity, and fair dealing.
[33]
On the other hand, Canon 16, Rules 16.01, 16.02, and 16.03 of the Code require that a
lawyer must duly account all the moneys and properties of his client, to wit:
CANON 16 — A lawyer shall hold in trust all moneys and properties of his
client that may come into his possession.
Rule 16.01 — A lawyer shall account for all money or property collected or
received for or from the client.
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