3/30/2021
E-Library - Information At Your Fingertips: Printer Friendly
adduce any evidence to prove or counter the allegations relative to the receipt of
money from complainant.[16] On the other hand, complainant was able to show that a
lawyer-client relationship existed between her and Atty. Doctor, and that the latter
received money in relation to the cases that he handled for complainant. Atty. Doctor's
apparent failure to account for the said amounts constitute a violation of Canon 16, in
relation to Canon 18, of the Code of Professional Responsibility.[17]
IBP Board of Governors
In a Resolution[18] dated February 22,2018, the IBP Board of Governors resolved to
adopt the findings of fact and recommendation of the Investigating Commissioner, with
modification, by increasing the recommended penalty of suspension from the practice
of law from six months to two years.[19]
Atty. Doctor moved for reconsideration, but the same was denied per Resolution[20]
dated December 6, 2018.
Issue
The sole issue for resolution is whether Atty. Doctor should be held administratively
liable for his failure to account the money received from complainant and serve his
client with competence and diligence, in violation of 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.
The Court's Ruling
The Court concurs with the finding of the IBP-CBD, as adopted by the IBP Board of
Governors, that Atty. Doctor violated 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 warranting his
suspension from the practice of law for two years.
The Code of Professional Responsibility states:
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.
xxxx
RULE 16.03. A lawyer shall deliver the funds and property of his client when
due or upon demand. x x x
xxxx
CANON 18 - A lawyer shall serve his client with competence and diligence.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66125
4/9