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MARIA CRISTINA ZABALJAUREGUI PITCHER v. ATTY. RUSTICO B. GAGATE

This case has been cited 3 times or more.

2016-02-02
PERLAS-BERNABE, J.
Finally, the Court sustains the IBP's recommendation ordering respondent to return the amount of P75,000.00 she received from complainants as legal fees. It is well to note that "[w]hile the Court has previously held that disciplinary proceedings should only revolve around the determination of the respondent-lawyer's administrative and not his: civil liability, it must be clarified that this rule remains applicable only to claimed liabilities which are purely civil in nature - for instance, when the claim involves moneys received by the lawyer from his client in a transaction separate and distinct and not intrinsically linked to his professional engagement."[33] Since respondent received the aforesaid amount as part of her legal fees, the Court, thus, finds the return thereof to be in order, with legal interest as recommended by the IBP Investigating Commissioner.[34]
2014-06-09
REYES, J.
The relationship between a lawyer and his client is one imbued with utmost trust and confidence. In this regard, clients are led to expect that lawyers would be ever-mindful of their cause and accordingly exercise the required degree of diligence in handling their affairs. For his part, the lawyer is expected to maintain at all times a high standard of legal proficiency, and to devote his full attention, skill, and competence to the case, regardless of its importance and whether he accepts it for a fee or for free.[16] Lawyering is not a business; it is a profession in which duty of public service, not money, is the primary consideration.[17]
2013-12-02
PERLAS-BERNABE, J.
The Court has repeatedly emphasized that the relationship between a lawyer and his client is one imbued with utmost trust and confidence. In this regard, clients are led to expect that lawyers would be ever-mindful of their cause and accordingly exercise the required degree of diligence in handling their affairs. For his part, the lawyer is required to maintain at all times a high standard of legal proficiency, and to devote his full attention, skill, and competence to the case, regardless of its importance and whether he accepts it for a fee or for free.[44] He is likewise expected to act with honesty in all his dealings, especially with the courts.[45] These principles are embodied in Rule 1.01 of Canon 1, Rule 10.01 of Canon 10, Canon 17 and Rule 18.03 of Canon 18 of the Code which respectively read as follows:CANON 1 A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND LEGAL PROCEDURES.