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WENCESLAO BARCELONA
Canon 16 Hold in Trust Client's Moneys and Properties Rule 16.01 Account|
Per Curiam| September 3, 2003
Nature of Case: Disbarment case
Petitioner: Felicitas Berbano
Respondent: Atty. Wenceslao Barcelona
SUMMARY:
Berbano, one of the heirs of Rufino Esteban Hilapo, appointed as
attorney-in-fact Porfrio Daen to settle their land dispute with Filinvest Dev.
Corp. Pending the land dispute, Daen was incarcerated. She sought the
assistance of Barcelona in releasing Daen. Berbano and Daen's nephew gave
Barcelona a total of PhP64,000 for the cause as Barcelona purported that he
knew a Justice of the Supreme Court who can help with Daen's release but
that he would need money for it. However, Daen was not released from jail as
promised and Berbano, in her several attempts to recover the money, was
evaded by Barcelona.
The Court held that Berbano has violated several canons of the Code
of Professional Responsibility, including Canon 16 and Rule 16.01, which
demands that lawyers must account for all the money received from the
client. Furthermore, Barcelona had a previous administrative complaint
against him of similar nature and had, as in that case, ignored all hearings and
notices from the Investigating Commissioner. Barcelona was thus declared
disbarred from the practice of law and was ordered to return PhP64,000 to
Berbano.
DOCTRINE:
The Code exacts from lawyers not only a firm respect for law, legal processes
and the courts but also mandates the utmost degree of fidelity and good
faith in dealing with clients and the moneys entrusted to them pursuant to
their fiduciary relationship.
FACTS:
11 Mar 1999 Felicitas Berbano filed a sworn affidavit before the IBP and
alleged the following:
o Berbano was one of the heirs of Rufino Esteban Hilapo and had
appointed Porfirio Daen as their attorney-in-fact in the
settlement of a land dispute against Filinvest Dev. Corp. with the ISSUE/S & RATIO:
Commission on the Settlement of Land Problems (COSLAP)
1. WON Barcelona should be disbarred? YES.
involving 244 hectare land in Alabang, Muntinlupa
a. Respondent callously demeaned the legal profession by taking
o 26 Jan 1999 Daen was arrested by a Muntinlupa police who
money from a client under the pretext of having connections
presented an expired warrant dated Feb 1990 and was detained
with a Justice of the Supreme Court
at Muntinlupa City Jail, Tunasan
b.
the complainant and found that her Berbano's testimony and her
affidavit to be sufficient
On disbarment cases
Sui generis, neither purely civil or criminal with public interest as the
primary objective and the preservation and purity of legal profession
and the honest administration of justice.
Burden of proof rests on the complainant. Clear, convincing and
satisfactory proof is required.
Other cases which the Court used as basis for the disbarment
Judge Angeles vs. Atty. Uy, Jr. -Suspended for a month for failing to
promptly report and remit the amount of P16,500.00 he received on
behalf of his client.
Gonato vs. Atty. Adaza -Suspended from the practice of law for 6
months for charging his clients the amount of P15,980.00 as filing fees
when in fact no such fees were due.
Dumadag vs. Lumaya -Indefinite suspension of a lawyer for not
remitting to his client the amount of P4,344.00 that he had received
pursuant to an execution.
Gatchalian Promotions Talents Pool, Inc., vs. Atty. Naldozadisbarred for obtaining from his client the amount of US$2,555.00
allegedly as cash bond in an appealed case before this Court, when in
fact no such amount has been paid or that the Court required such
payment.