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DOLORES C. BELLEZA v. ATTY. ALAN S. MACASA

This case has been cited 5 times or more.

2014-12-10
PER CURIAM
Moreover, the "fiduciary nature of the relationship between the counsel and his client imposes on the lawyer the duty to account for the money or property collected or received for or from his client."[28] Money entrusted to a lawyer for a specific purpose but not used for the purpose should be immediately returned. A lawyer's failure to return upon demand the funds held by him on behalf of his client gives rise to the presumption that he has appropriated the same for his own use in violation of the trust reposed in him by his client. Such act is a gross violation of general morality as well as of professional ethics. It impairs public confidence in the legal profession and deserves punishment.[29]
2014-11-26
LEONEN, J.
[The lawyer's] failure to return the client's money upon demand gives rise to the presumption that he has misappropriated it for his own use to the prejudice of and in violation of the trust reposed in him by the client.[36] (Emphasis supplied)
2014-01-28
PER CURIAM
The fiduciary nature of the relationship between the counsel and his client imposes on the lawyer the duty to account for the money or property collected or received for or from his client.[4] We agree with the IBP-CBD that respondent failed to fulfill this duty. In this case, the IBP-CBD pointed out that respondent received various amounts from complainants but he could not account for all of them.
2013-03-05
PERLAS-BERNABE, J.
Furthermore, respondent's infractions were aggravated by his failure to comply with CBD's directives for him to file his pleadings on time and to religiously attend hearings, demonstrating not only his irresponsibility but also his disrespect for the judiciary and his fellow lawyers. Such conduct was unbecoming of a lawyer who is called upon to obey court orders and processes and is expected to stand foremost in complying with court directives as an officer of the court.[19] As a member of the bar, he ought to have known that the orders of the CBD as the investigating arm of the Court in administrative cases against lawyers were not mere requests but directives which should have been complied with promptly and completely.[20]
2012-01-25
SERENO, J.
When a lawyer collects or receives money from his client for a particular purpose (such as for filing fees, registration fees, transportation and office expenses), he should promptly account to the client how the money was spent.[30] If he does not use the money for its intended purpose, he must immediately return it to the client. His failure either to render an accounting or to return the money (if the intended purpose of the money does not materialize) constitutes a blatant disregard of Rule 16.01 of the Code of Professional Responsibility.[31]