Celaje vs Atty. Soriano - Case Digest

CELAJE VS ATTY. ATTY. SORIANO A.C. NO. 7418 ; OCTOBER 9, 2007

FACTS: Before the Court is a disbarment case filed against Atty. Santiago C. Soriano (respondent) for gross misconduct. Andrea Balce Celaje (complainant) alleged that respondent ased for money to be put up as an injunction bond! "hich complainant found out later! ho"e#er! to be unnecessary as the applic applicati ation on for the "rit "rit "as denied denied by the trial trial court. court. $espond $espondent ent also ased for money money on se#eral occasions allegedly to spend for or to be gi#en to the judge handling their case! %udge &ilagr &ilagros os 'uijan 'uijano! o! of the $egion $egional al Trial Trial Court! Court! riga riga City City! Branch Branch *. +hen compla complaina inant nt appr approac oache hed d %udg %udgee 'uij 'uijan ano o and and ased ased "het "hether her "hat "hat resp respond onden entt "as "as sayi saying ng "as "as true true!! %udge 'uijano outrightly denied the allegations and ad#ised her to file an administrati#e case against respondent. According to complainant the amounts gi#en in se#eral instances "ere all undocumented and not acno"ledged in "riting. ,o"e#er! for the alleged amount intended intended for  an injunction bond! some documents d ocuments in "riting "ere made. $espondent has only offered denials to the charges. SS-: +/0 respondent Atty. Atty. Soriano is guilty of #iolating his Canon of 1rofessional $esponsibility. ,23: 4es. B15Commission on Bar 3iscipline Commissioner 3ennis A.B. Funa found respondent guilty of gross misconduct in his relations "ith his client and recommended that respondent be suspended for three years yea rs from the practice of la". The Board of 6o#ernors of the ntegrated Bar of the 1hilippines adopted and appro#ed Commissioner Fauna7s findings "ith modification e8tending the suspension for respondent to t"o years. The Court agrees "ith the B1 $esolution. The Code of 1rofessional $esponsibility (C1$)! particularly Canon 9* thereof! mandates that a la"yer shall hold in trust all moneys an d properties of his client that may come into his  possession. ,e shall account for all money or property collected or recei#ed from his client and shall deli#er the funds and property of his client "hen due or upon demand. Also! "hen a la"yer recei#es money from the client for a particular purpose! the la"yer is bound to render an accounting to the client sho"ing that that the money "as spent for a particular purpose. And if he does not use the money mone y for the intended purpose! the la"yer must immediately return the money to his client. $espondent7s failure failure to return the money to complainant upon demand ga#e rise to the  presumption that he misappropriated it for his o"n use to the prejudice of! and in #iolation #iolation of the trust reposed in him by his client. t is a gross g ross #iolation of general morality and of professional ethics and impairs public confidence in the legal profession "hich deser#es punishment.

CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL ONEYS AND !RO!ERTIES O" HIS CLIENT THAT AY COE INTO HIS !OSSESSION.

$ule 9*.9 5 A la"yer shall account for all money or property collected or recei#ed for or from the cl ient. $ule 9*. 5 A la"yer shall deli#er the funds and property of his clie nt "hen due or upon demand. ,o"e#er! he shall ha#e a lien o#er the funds and may apply so much thereof as may be necessary to satisfy his la"ful fees and disbursements! gi#ing notice promptly thereafter to his client. ,e shall also ha#e a lien to the same e8tent on all judgements and e8ecutions he has secured for his client as pro#ided for in the $ules of Court.