This case has been cited 3 times or more.
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2011-11-22 |
BERSAMIN, J. |
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| The penalty for gross misconduct consisting in the failure or refusal despite demand of a lawyer to account for and to return money or property belonging to a client has been suspension from the practice of law for two years. In Almendarez, Jr. v. Langit,[33] the lawyer who withdrew the rentals pertaining to his client totaling P255,000.00 without the knowledge of the client and who ignored the demand of the client to account for and to return the amount was suspended from the practice of law for two years. In Mortera v. Pagatpatan,[34] the lawyer received P155,000.00 from the adversary of his clients as partial payment of a final and executory decision in favor of the clients pursuant to a secret arrangement between the lawyer and the adversary, and deposited the amount to the lawyer's personal bank account without the knowledge of the clients; the lawyer thereafter refused to surrender the money to his clients. The suspension of the lawyer for two years from the practice of law was ordered by the Court. In Small v. Banares,[35] a similar penalty of suspension for a period of two years from the practice of law was imposed on a lawyer who had failed to file a case for the purpose of which he had received an amount of P80,000.00, and to return the amount upon demand. In Barcenas v. Alvero,[36] the Court suspended for a period of two years from the practice of law a lawyer who had failed to immediately account for and to return P300,000.00 received from a client for the purpose of depositing it in court, after the lawyer had been found not to have deposited the money in court. | |||||
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2011-03-15 |
PER CURIAM |
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| Bearing in mind his administrative record, and considering that the penalty for violation of Canon 16 ranges from suspension for six months,[40] to suspension for one year,[41] to suspension for two years,[42] depending on the amount involved and the severity of the lawyer's misconduct, we rule that disbarment is the commensurate punishment for Atty. Ricafort, who has shown no reformation in his handling of trust funds for his clients. | |||||
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2006-07-25 |
PER CURIAM |
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| In Mortera v. Pagatpatan,[50] we imposed upon Atty. Pagatpatan two years suspension from his practice of law for depositing the funds meant for his client to his personal account without the latter's knowledge. In Reyes v. Maglaya;[51] Castillo v. Taguines;[52] Espiritu v. Atty. Cabredo IV,[53] the respondents were meted one year suspension each for failing to remit to their clients monies in the amounts of P1,500.00; P500.00, and P51,161.00, respectively, received by them for their clients without the latter's permission. In Dumadag v. Atty. Lumaya,[54] we indefinitely suspended respondent for failure to remit to his client the amount of the measly sum of P4,344.00 representing the amount received pursuant to a writ of execution. Considering the amount involved here - US$12,000.00, we believe that the penalty of suspension for two (2) years is appropriate. | |||||