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DAVID L. ALMENDAREZ v. ATTY. MINERVO T. LANGIT

This case has been cited 4 times or more.

	AC. No. 10050 2013-12-03	VICTORIA C. HEENAN v. ATTY. ERLINDA ESPEJO VELASCO JR., J.
The misconduct of respondent is aggravated by his unjustified refusal to heed the orders of the IBP requiring him to file an answer to the complaint-affidavit and, afterwards, to appear at the mandatory conference. Although respondent did not appear at the conference, the IBP gave him another chance to defend himself through a position paper. Still, respondent ignored this directive, exhibiting a blatant disrespect for authority. Indeed, he is justly charged with conduct unbecoming a lawyer, for a lawyer is expected to uphold the law and promote respect for legal processes. Further, a lawyer must observe and maintain respect not only to the courts, but also to judicial officers and other duly constituted authorities, including the IBP. Under Rule 139-B of the Rules of Court, the Court has empowered the IBP to conduct proceedings for the disbarment, suspension, or discipline of attorneys.[20]
	AC. No. 7591 2012-03-20	CORAZON T. NEVADA v. ATTY. RODOLFO D. CASUGA VELASCO JR., J.
In Almendarez, Jr. v. Langit,[12] the Court suspended a lawyer from the practice of law for two (2) years for failing to account for the money and properties of his client. Similarly, in Small v. Banares,[13] a lawyer was also suspended from the practice of law for two (2) years, as he failed to return the money of his client that he was holding in trust and for failing to file an answer to the complaint and his refusal to appear at the mandatory conference before the IBP. Thus, the same penalty should be imposed upon Casuga.
	AC. No. 4808 2011-11-22	TERESITA T. BAYONLA v. ATTY. PURITA A. REYES BERSAMIN, J.
The penalty for gross misconduct consisting in the failure or refusal despite demand of a lawyer to account for and to return money or property belonging to a client has been suspension from the practice of law for two years. In Almendarez, Jr. v. Langit,[33] the lawyer who withdrew the rentals pertaining to his client totaling P255,000.00 without the knowledge of the client and who ignored the demand of the client to account for and to return the amount was suspended from the practice of law for two years. In Mortera v. Pagatpatan,[34] the lawyer received P155,000.00 from the adversary of his clients as partial payment of a final and executory decision in favor of the clients pursuant to a secret arrangement between the lawyer and the adversary, and deposited the amount to the lawyer's personal bank account without the knowledge of the clients; the lawyer thereafter refused to surrender the money to his clients. The suspension of the lawyer for two years from the practice of law was ordered by the Court. In Small v. Banares,[35] a similar penalty of suspension for a period of two years from the practice of law was imposed on a lawyer who had failed to file a case for the purpose of which he had received an amount of P80,000.00, and to return the amount upon demand. In Barcenas v. Alvero,[36] the Court suspended for a period of two years from the practice of law a lawyer who had failed to immediately account for and to return P300,000.00 received from a client for the purpose of depositing it in court, after the lawyer had been found not to have deposited the money in court.
	AC. NO. 7021 2007-02-21	MELVIN D. SMALL v. ATTY. JERRY BANARES CARPIO, J.
The records show that after receiving P80,000 respondent was never heard from again. Respondent failed to give complainant an update on the status of the cases. Moreover, it appears that respondent failed to file the appropriate cases against Amar. Respondent's failure to communicate with complainant was an unjustified denial of complainant's right to be fully informed of the status of the cases. When respondent agreed to be complainant's counsel, respondent undertook to take all the necessary steps to safeguard complainant's interests.[11] By his inaction, respondent disregarded his duties as a lawyer.