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RUBY MAE BARNACHEA v. ATTY. EDWIN T. QUIOCHO

This case has been cited 7 times or more.

	AC. No. 6903 2012-04-16	SUZETTE DEL MUNDO v. ATTY. ARNEL C. CAPISTRANO PERLAS-BERNABE, J.
Moreover, a lawyer is obliged to hold in trust money of his client that may come to his possession. As trustee of such funds, he is bound to keep them separate and apart from his own. Money entrusted to a lawyer for a specific purpose such as for the filing and processing of a case if not utilized, must be returned immediately upon demand. Failure to return gives rise to a presumption that he has misappropriated it in violation of the trust reposed on him. And the conversion of funds entrusted to him constitutes gross violation of professional ethics and betrayal of public confidence in the legal profession.[15]
	AC. No. 4973 2010-03-15	SPS. MANUEL C. RAFOLS v. ATTY. RICARDO G. BARRIOS PER CURIAM
except from him or with his knowledge and approval."[31] He conveniently ignored that the relation between him and his clients was highly fiduciary in nature and of a very delicate, exacting, and confidential character.[32]
	AC. No. 8380 2009-11-20	ARELLANO UNIVERSITY v. ATTY. LEOVIGILDO H. MIJARES III PER CURIAM
Every lawyer has the responsibility to protect and advance the interests of his client such that he must promptly account for whatever money or property his client may have entrusted to him. As a mere trustee of said money or property, he must hold them separate from that of his own and make sure that they are used for their intended purpose. If not used, he must return the money or property immediately to his client upon demand, otherwise the lawyer shall be presumed to have misappropriated the same in violation of the trust reposed on him.[4] A lawyer's conversion of funds entrusted to him is a gross violation of professional ethics.[5]
	AC. No. 7902 2008-09-30	TORBEN B. OVERGAARD v. ATTY. GODWIN R. VALDEZ PER CURIAM
Acceptance of money from a client establishes an attorney-client relationship and gives rise to the duty of fidelity to the client's cause. Money entrusted to a lawyer for a specific purpose - such as for filing fees - but not used for failure to file the case, must immediately be returned to the client on demand.[33]
	AC. NO. 7123 2006-11-20	MARIA DIVINA CRUZ-VILLANUEVA v. ATTY. CARLOS P. RIVERA CARPIO, J.
When a lawyer receives money from the client for a particular purpose, the lawyer must render an accounting to the client showing that the money was spent for the intended purpose.[21] Consequently, if the lawyer does not use the money for the intended purpose, the lawyer must immediately return the money to the client.[22]
	AC. No. 6297 2004-07-13	DOLORES D. PARIÑAS v. ATTY. OSCAR P. PAGUINTO CARPIO, J.
Rule 16.01 of the Code of Professional Responsibility ("the Code") provides that a lawyer shall account for all money or property collected for or from the client. Acceptance of money from a client establishes an attorney-client relationship and gives rise to the duty of fidelity to the client's cause.[7] Money entrusted to a lawyer for a specific purpose, such as for filing fee, but not used for failure to file the case must immediately be returned to the client on demand.[8] Paguinto returned the money only after Pariñas filed this administrative case for disbarment.
	AC. No. 5082 2004-02-17	MILAGROS N. ALDOVINO v. ATTY. PEDRO C. PUJALTE SANDOVAL-GUTIERREZ, J.
Respondent has no right to retain or appropriate unilaterally as lawyer's lien,[6] the sum of P250,000.00. As found by IBP Commissioner Maala, there was no agreement between him and complainants that he could retain P250,000.00 as attorney's fees. In fact, he did not adduce any proof of such agreement. His mere allegation or claim is not proof.[7] Obviously, his failure to return the money to complainants upon demand gave rise to the presumption that he misappropriated it in violation of the trust reposed on him.[8] His act of holding on to their money without their acquiescence is conduct indicative of lack of, integrity and propriety.[9] He was clinging to something not his and to which he had no right.[10]