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EMILIA O. DHALIWAL v. ATTY. ABELARDO B. DUMAGUING

This case has been cited 3 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]
2014-09-09
CARPIO, ACTING C.J.
Having no valid reason not to file the petition for adoption, Sampana misinformed Nery of the status of the petition.  He then conceded that the annulment case overshadowed the petition for adoption. Verily, Sampana neglected  the legal matter entrusted to him. He even kept the money given him, in violation of the Code's mandate to deliver the client's funds upon demand. A lawyer's failure to return upon demand the funds held by him 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 and of the public confidence in the legal profession.[12]
2013-03-05
PERLAS-BERNABE, J.
Moreover, money entrusted to a lawyer for a specific purpose, such as for the processing of transfer of land title, but not used for the purpose, should be immediately returned.[15] "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 to 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."[16]