Complainant hired the services of the respondent to annul her marriage to Danilo Soriano. Complainant gave the respondent a diskette containing a narration of what happened between her and her estran estranged ged husband husband.. Com Compla plaina inant nt also also gave gave respo responden ndentt money money as part part of the acceptance fee and the ling fee for the case. Inquiring Inquiring on the status of her case respondent respondent told the complainant complainant that their rst hearing hearing was postponed to a later date. !nconvinced complainant went to "#C $ranch %& to inquire on the status status of her case. case. 'uch to her surpris surprise e there there was no such case led led in court. court. "esponden espondentt promis promised ed to return return what the compla complaina inant nt gave. gave. (oweve (owever r the amo amount unt was only only given given after after complainant led for a disbarment case with the I$) ISSUE:
*hether or not respondent is guilty of Canon +% and +, of the Code of )rofessional "esponsibiltyRULING:
"ule +%.+ of the Code of )rofessional "esponsibility /0the Code12 provides that a lawyer shall account for all money or property collected for or from the client. 3cceptance of money from a client establishes an attorney4client relationship and gives rise to the duty of delity to the client5s cause. 'oney entrusted to a lawyer for a specic purpose such as for ling fee but not not used used for fail failur ure e to le le the case case must must immed mmedia iate tely ly be retur eturne ned d to the the clie client nt on demand demand.. )aguinto aguinto retur returned ned the money money only only after after )a )ari6a ri6as s led led this this admini administr strati ative ve case case for disbarment. 3 lawyer should give adequate attention care and time to his case. 7nce he agrees to handle a case case he should undertake the task with with dedication and care. If he fails in this duty he is not true to his oath as a lawyer. (ence a lawyer must accept only as much cases as he can e8cien e8ciently tly handle handle otherw otherwise ise his client clients5 s5 inter interest ests s will will su9er su9er.. It is not enough enough that that a law lawyer yer possesses the qualication to handle the legal matter. (e must also give adequate attention to his legal work. #he lawyer owes it to his client to eercise eercise his utmost learning and ability in handling his cases. cases. 3 license to practice practice law is a guarantee guarantee by the courts to the public public that the licensee possesses su8cient skill knowledge and diligence to manage their cases. #he legal profession demands from a lawyer the vigilance and attention epected of a good father of a family. family. "ule +,.+ of the Code is clear. 3 lawyer shall not undertake a legal service that he is not qualied to render. "ule +,.; of the Code provides that a lawyer shall not handle any legal matter without adequate preparation. (e has the duty to prepare for trial with diligence and deliberate speed. "ule +,.< of the Code also provides that a lawyer shall not neglect a legal matter entrusted to him and his negligence shall render him liable.
3tty. 7scar ). )aguinto is =!I>#? of violating the Code of )rofessional "esponsibility. 3ccordingly the court penali@es 3tty. 7scar ). )aguinto with S!S)ABSI7B for SI /%2 '7B#(S from the practice of law.
