Dongga-As V Cruz-Angeles
Dongga-As V Cruz-Angeles
Dongga-As V Cruz-Angeles
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* EN BANC.
625
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PERLAS-BERNABE, J.:
For the Court’s resolution is a Complaint-Affidavit1 filed
on February 11, 2005 by complainant Cleo B. Dongga-as
(complainant), before the Integrated Bar of the Philippines-
Commission on Bar Discipline (IBP-CBD), against
respondents Atty. Rose Beatrix Cruz-Angeles (Atty. Cruz-
Angeles), Atty. Wylie M. Paler (Atty. Paler), and Atty.
Angeles Grandea (Atty. Grandea; collectively, respondents)
of the Angeles, Grandea & Paler Law Office (law firm),
charging them of various violations of the Code of
Professional Responsibility (CPR) for, inter alia, refusing to
return the money given by complainant in exchange for
legal services which respondents failed to perform.
The Facts
Complainant alleged that sometime in May 2004, he
engaged the law firm of respondents to handle the
annulment of
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628
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6 Id.
7 Id., at p. 5.
8 Id., at pp. 13-14.
9 Id., at pp. 15-16.
10 Id., at pp. 5, 7, and 13.
629
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630
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631
2015.
The Issue Before the Court
The essential issue in this case is whether or not Attys.
Cruz-Angeles and Paler should be held administratively
liable for violating the CPR.
The Court’s Ruling
A judicious perusal of the records reveals that sometime
in May 2004, complainant secured the services of Attys.
Cruz-Angeles and Paler for the purpose of annulling his
marriage with Mutya, and in connection therewith, paid
Attys. Cruz-Angeles and Paler the aggregate sum of
P350,000.00 representing legal fees. However, despite the
passage of more than five (5) months from the engagement,
Attys. Cruz-Angeles and Paler failed to file the appropriate
pleading to initiate the case before the proper court; and
worse, could not even show a finished draft of such
pleading. Such neglect of the legal matter entrusted to
them by their client constitutes a flagrant violation of Rule
18.03, Canon 18 of the CPR, to wit:
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23 See motion for reconsideration dated February 11, 2014; id., at pp.
208-214.
24 See Notice of Resolution in Resolution No. XXI-2015-482 signed by
National Secretary Nasser A. Marohomsalic; id., at pp. 228-229.
632
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It bears stressing that “the relationship between a
lawyer and his client is highly fiduciary and prescribes on a
lawyer a great fidelity and good faith. The highly fiduciary
nature of this relationship imposes upon the lawyer the
duty to account for the money or property collected or
received for or from his client. Thus, a lawyer’s failure to
return upon demand the funds held by him on behalf of his
client, as in this case, gives rise to the presumption that he
has appropriated the same for his own use in violation of
the trust reposed in him by his client. Such act is a gross
violation of general morality, as well as of professional
ethics.”26
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25 See Lopez v. Limos, A.C. No. 7618, February 2, 2016, 782 SCRA
609.
26 Id.
633
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Rule 1.01, Canon 1 of the CPR instructs that “[a]s
officers of the court, lawyers are bound to maintain not
only a high standard of legal proficiency, but also of
morality, honesty,
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TOTAL (approximate)P258,000.00
28 Id., at p. 15. the breakdown of expenses is as follows:
Acceptance fees for law office P200,000.00
Collaborating counsel (Malaybalay) 100,000.00
Conference with collaborating counsel
@ P2,500 per meeting 7,500.00
Two meetings in Fort Bonifacio (two 10,000.00
counsels)
Research in the following places:
Samar 300.00
Cebu 300.00
Bohol 300.00
Basilan 300.00
Sulu 300.00
Total P324,000.00
635
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636
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33 Id., citing Francia v. Abdon, A.C. No. 10031, July 23, 2014, 730
SCRA 341, 354-355.
34 705 Phil. 321; 692 SCRA 348 (2013).
35 A.C. No. 8000, August 5, 2014, 732 SCRA 12.
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the erring lawyer for three (3) years for her failure to file a
petition for adoption on behalf of complainants, return the
money she received as legal fees, and for her commission of
deceitful acts in misrepresenting that she had already filed
such petition when nothing was actually filed, resulting in
undue prejudice to therein complainants. In this case, not
only did Attys. Cruz-Angeles and Paler fail to file
complainant’s petition for annulment of marriage and
return what the latter paid them as legal fees, they
likewise misrepresented that they can find a court, judge,
and prosecutor who they can easily influence to ensure a
favorable resolution of such petition, to the detriment of the
judiciary and the national prosecutorial service. Under
these circumstances, the Court individually imposes upon
Attys. Cruz-Angeles and Paler the penalty of suspension
from the practice of law for a period of three (3) years.
Finally, the Court sustains the IBP’s recommendation
ordering Attys. Cruz-Angeles and Paler to return the
amount of P350,000.00 they received from complainant as
legal fees. It is well to note that “while 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.”37 Hence, since Attys. Cruz-Angeles and Paler
received the aforesaid amount as part of their legal fees,
the Court finds the return thereof to be in order.
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638
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