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HONORIO MANALANG v. ATTY. FRANCISCO F. ANGELES

This case has been cited 2 times or more.

2004-03-03
SANDOVAL-GUTIERREZ, J.
The practice of law is a sacred and noble profession.  It is a special privilege bestowed only upon those who are competent intellectually, academically and morally.[3] We have been exacting in our demand for integrity and good moral character of members of the Bar.[4] We expect them at all times to uphold the integrity and dignity of the legal profession[5] and refrain from any act or omission which might lessen the trust and confidence reposed by the public in the integrity of the legal profession.[6]
2004-02-17
SANDOVAL-GUTIERREZ, J.
Respondent has no right to retain or appropriate unilaterally as lawyer's lien,[6] the sum of P250,000.00.  As found by IBP Commissioner Maala, there was no agreement between him and complainants that he could retain P250,000.00 as attorney's fees. In fact, he did not adduce any proof of such agreement.  His mere allegation or claim is not proof.[7] Obviously, his failure to return the money to complainants upon demand gave rise to the presumption that he misappropriated it in violation of the trust reposed on him.[8] His act of holding on to their money without their acquiescence is conduct indicative of lack of, integrity and propriety.[9] He was clinging to something not his and to which he had no right.[10]