Professional Documents
Culture Documents
SECOND DIVISION
CARPIO, J, Chairperson,
DEL CASTILLO,
VILLARAMA, JR.,*
MENDOZA, and
-versus- LEONEN,JJ
RESOLUTION
LEONEN;J.:
2
Id. at 1. IBP Investigating Commissioners report and recommendation dated July 8, 2008, p. 2.
3
Id.
4
Id. at 2.
5
Id.
6
Id.
7
Id.
8
Id.
9
Id.
10
Id.
11
Id.
12
Id.
13
Id.
14
Id. at 20.
Resolution 3 A.C. No. 5440
15
Id. at 19.
16
Id. at 2122.
17
Id. at 20.
Resolution 4 A.C. No. 5440
18
Id. at 1516.
19
Id. at 29.
20
Id. at 31. IBP Investigating Commissioners report and recommendation dated July 8, 2008, p. 2.
21
Id.
22
Canon 16, Rule 16.01 - A lawyer shall account for all money or property collected or received for or
from the client.
23
Canon 16, Rule 16.03 - A lawyer shall deliver the funds and property of his client when due or upon
demand. However, he shall have a lien over the funds and may apply so much thereof as may be
necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client.
He shall also have a lien to the same extent on all judgments and executions he has secured for his
client as provided for in the Rules of Court.
24
Rollo, pp. 4041. IBP Investigating Commissioners report and recommendation dated July 8, 2008,
pp. 45.
25
Id.
26
Id. at 41. IBP Investigating Commissioners report and recommendation dated July 8, 2008, p. 5.
27
Id.
28
Id.
Resolution 5 A.C. No. 5440
On December 11, 2013, this court resolved to note the following: (a)
Notice of Resolution No. XVIII-2008-399 dated August 14, 2008 of the IBP
Board of Governors; (b) Notice of Resolution No. XX-2013-839 dated June
22, 2013 of the IBP Board of Governors; and (c) IBPs letter dated October
7, 2013 transmitting the documents pertaining to the case.32
After considering the parties arguments and the records of this case,
29
Id. at 54.
30
Id. at 42-44.
31
Id. at 52.
32
Id. at 60.
33
Id. at 64.
34
Id. at 68.
Resolution 6 A.C. No. 5440
this court resolves to adopt and approve the Notice of Resolution No. XX-
2013-839 dated June 22, 2013 of the IBP Board of Governors.
Rule 16.02 A lawyer shall keep the funds of each client separate
and apart from his own and those of others kept by him.
Rule 16.03 A lawyer shall deliver the funds and property of his
client when due or upon demand. However, he shall have a lien
over the funds and may apply so much thereof as may be necessary
to satisfy his lawful fees and disbursements, giving notice promptly
thereafter to his client. He shall also have a lien to the same extent
on all judgments and executions he has secured for his client as
provided for in the Rules of Court.
Rule 16.04 A lawyer shall not borrow money from his client
unless the clients interests are fully protected by the nature of the
case or by independent advice. Neither shall a lawyer lend money
to a client except, when in the interest of justice, he has to advance
necessary expenses in a legal matter he is handling for the client.
35
Barandon, Jr. v. Ferrer, Sr., A.C. No. 5768, March 26, 2010, 616 SCRA 529, 535 [Per J. Abad, Second
Division], citing Garcia v. Bala, 512 Phil. 487, 490 (2005) [Per J. Panganiban, Third Division].
Resolution 7 A.C. No. 5440
[The lawyers] failure to return the clients money upon demand gives rise
to the presumption that he has misappropriated it for his own use to the
prejudice of and in violation of the trust reposed in him by the client.36
(Emphasis supplied)
Respondent did not satisfy all the elements of a valid retaining lien.
He did not present evidence as to an unsatisfied claim for attorneys fees.
The enumeration of cases he worked on for complainants remains
unsubstantiated. When there is no unsatisfied claim for attorneys fees,
lawyers cannot validly retain their clients funds or properties.38
36
Belleza v. Macasa, 611 Phil. 179, 190 (2009) [Per Curiam, En Banc].
37
Miranda v. Carpio, A.C. No. 6281, September 26, 2011, 658 SCRA 197, 205 [Per J. Peralta, Third
Division], citing Ampil v. Hon. Agrava, 145 Phil. 297, 303 (1970) [Per J. Teehankee, En Banc].
38
See Miranda v. Carpio, A.C. No. 6281, September 26, 2011, 658 SCRA 197 [Per J. Peralta, Third
Division].
Resolution 8 A.C. No. 5440
SO ORDERED.
/
/ Associate Justice
WE CONCUR:
WZ:.1
ANTONIO T. CA
Associate Justice
Chairperson
g~~
MARIANO C. DEL CASTILLO
Associate Justice
39
JK. Mercado and Sons Agricultural Enterprises, Inc. v. De Vera, 375 Phil. 766, 773 [Per J. Vitug,
Third Division].
40
Rollo, pp. 47-48.
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