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OSCAR M. ESPIRITU v. ATTY. JAIME C. ULEP

This case has been cited 5 times or more.

2015-06-16
PER CURIAM
After the complainant discovered three years later that the respondent had not filed any case in court, she demanded that the respondent return the amount of P95,000.00, but her demand was left unheeded. The respondent later promised to pay her, but until now, no payment of any amount has been made. These facts confirm that the respondent violated Canon 16 of the CPR, which mandates every lawyer to "hold in trust all moneys and properties of his client that may come into his possession"[16] and to "account for all money or property collected or received for or from the client."[17] In addition, a lawyer's failure to return upon demand the funds or property he holds for his client gives rise to the presumption that he has appropriated these funds or property for his own use to the prejudice of, and in violation of the trust reposed in him by his client.[18]
2012-03-19
MENDOZA, J.
[15] Espiritu v. Ulep, 497 Phil. 339, (2005).
2006-09-08
CARPIO, J.
We reiterate this reminder. Lawyers who convert the funds entrusted to them are in gross violation of professional ethics and are guilty of betrayal of public confidence in the legal profession.[29] Those who are guilty of such infraction may be disbarred or suspended from the practice of law.[30]
2006-07-25
CARPIO, J.
Respondent's failure to turn over the money to complainant despite the latter's demands gives rise to the presumption that he had converted the money for his personal use and benefit. This is a gross violation of general morality as well as of professional ethics, impairing public confidence in the legal profession.[11] More specifically, it renders respondent liable not only for violating the Code but also for contempt, as stated in Section 25, Rule 138 of the Rules of Court:SEC. 25. Unlawful retention of client's funds; contempt - When an attorney unjustly retains in his hands money of his client after it has been demanded he may be punished for contempt as an officer of the Court who has misbehaved in his official transactions; but proceedings under this section shall not be a bar to a criminal prosecution.
2006-02-27
CARPIO, J.
The Court notes that respondent's actuation reveals a high degree of irresponsibility[28] and shows his lack of respect for the IBP and its proceedings.[29]  Respondent's attitude  demonstrates a character which stains the nobility of the legal profession.[30]