This case has been cited 1 times or more.
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2007-04-02 |
YNARES-SANTIAGO, J. |
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| A lawyer should refrain from any action whereby for his personal benefit or gain, he abuses or takes advantage of the confidence reposed in him by his client.[16] A lawyer should be scrupulously careful in handling money entrusted to him in his professional capacity, because a high degree of fidelity and good faith on his part is exacted.[17] In Barnachea v. Quiocho,[18] the Court suspended a lawyer from the practice of law for one year for his failure to return client's funds which were given to him for the expenses for the transfer of title over real property and in payment for his legal services. The Court held:A lawyer is obliged to hold in trust money or property of his client that may come to his possession. He is a trustee to said funds and property. He is to keep the funds of his client separate and apart from his own and those of others kept by him. Money entrusted to a lawyer for a specific purpose such as for the registration of a deed with the Register of Deeds and for expenses and fees for the transfer of title over real property under the name of his client if not utilized, must be returned immediately to his client upon demand therefor. The lawyer's failure to return the money of his client upon demand gave rise to a presumption that he has misappropriated said money in violation of the trust reposed on him. The conversion by a lawyer [of] funds entrusted to him by his client is a gross violation of professional ethics and a betrayal of public confidence in the legal profession.[19] (Emphasis supplied) Respondent must likewise be reminded that a lawyer should, at all times, comply with what the court lawfully requires.[20] It bears stressing that the judgment against him in Civil Case No. 7130 has long become final and executory. However, up to this date, he has failed to comply with the order to pay complainant the amount of P100,000.00 as well as interest and attorney's fees. His refusal to comply with the said order constitutes a willful disobedience to the court's lawful orders. | |||||