This case has been cited 1 times or more.
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2016-02-02 |
PERLAS-BERNABE, J. |
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| Anent the proper penalty for respondent, jurisprudence provides that in similar cases where lawyers neglected their client's affairs and, at the same time, failed to return the latter's money and/or property despite demand, the Court imposed upon them the penalty of suspension from the practice of law. In Segovia-Ribaya v. Lawsin,[30] the Court suspended the lawyer for a period of one (1) year for his failure to perform his undertaking under his retainership agreement with his client and to return the money given to him by the latter. Also, in Jinon v. Jiz,[31] the Court suspended the lawyer for a period of two (2) years for his failure to return the amount his client gave him for his legal services which he never performed. Finally, in Agot v. Rivera,[32] the Court suspended the lawyer for a period of two (2) years for his: (a) failure to handle the legal matter entrusted to him and to return the legal fees in connection thereto; and (b) misrepresentation that he was an immigration lawyer, when in truth, he was not. In this case, not only did respondent fail to file a petition for adoption on behalf of complainants and to return the money she received as legal fees, she likewise committed deceitful acts in misrepresenting that she had already filed such petition when nothing was actually filed, resulting in undue prejudice to complainants. On top of these, respondent showed impertinence not only to the IBP Investigating Commissioner, but to the Court as well, when she ignored directives to comment on the complainants' petition against her and to participate in the investigation of the case. Under these circumstances, the Court imposes on respondent the penalty of suspension from the practice of law for a period of three (3) years, as recommended by the IBP. | |||||