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MARISSA L. MACARILAY v. FELIX B. SERIÑA

This case has been cited 3 times or more.

	AC. No. 7657 2008-02-12	VIVIAN VILLANUEVA v. ATTY. CORNELIUS M. GONZALES CARPIO, J.
After receiving the money, respondent began to avoid complainant. He asked his secretary to lie to complainant and shoo her off. When complainant demanded for the return of the money after three years of not hearing from respondent, respondent opted to ignore the demand. Respondent only returned the money after complainant's daughter confronted him. If complainant's daughter had not persisted, respondent would not have returned the money. Respondent did not offer any explanation as to why he waited for three years to lapse before returning the money. In Macarilay v. Seriña,[15] the Court held that "[t]he unjustified withholding of funds belonging to the client warrants the imposition of disciplinary action against the lawyer."
	ADM CASE NO. 6266 2006-11-16	ESTELA ANASTACIO-BRIONES v. ATTY. ALFREDO A. ZAPANTA QUISUMBING, J.
Moreover, respondent's negligence is not excused by his claim that he had prepared his withdrawal of appearance as early as October 30, 2002 but complainant refused to sign it. In Macarilay v. Seriña,[14] with similar facts, we rejected the counsel's excuse for failing to file the complaints, although the complaints were finished, due to his client's refusal to sign them.
	AC. NO. 5760 2005-09-30	HEIRS OF TIBURCIO F. BALLESTEROS v. ATTY. MANILEÑO N. APIAG CARPIO, J.
In Macarilay v. Seriña,[45] the Court held the handling counsel accountable for failing to file the complaints and imputing the fault to his client. The Court did not believe the counsel's claim that the complaints were ready but the client refused to sign them. Thus, the Court refused to countenance the counsel's ill-disguised attempt to cover up his negligence by wrongfully shifting the blame to his client.