Facts:
Rita P. Costenoble (
Costenoble) filed a complaint against Atty. Jose L. Alvarez, Jr. (
Atty. Alvarez, Jr.) for fraudulent acts. The records showed that on June 15, 2011, Costenoble hired Atty. Alvarez, Jr. to register two parcels of land and gave him a check worth
P115,000.00 for fees and expenses, together with the certificates of title of her real properties. Atty. Alvarez, Jr. issued an acknowledgment receipt and assured Costenoble that the transfer of the titles would be completed by September 2011. After several months, Costenoble tried to contact Atty. Alvarez, Jr. but failed, and when she visited his office she was able to speak with Atty. Jose Alvarez, Sr., who assured her that he would handle the case in behalf of his son. However, when Costenoble’s secretary inquired with Atty. Alvarez, Sr., the latter became angry and asked, “saan ako magnanakaw ng [P] 115,000.00?” Costenoble then sought assistance from the Office of the Barangay in San Vicente, San Pedro, Laguna, but Atty. Alvarez, Jr. did not appear despite notice. On October 9, 2012, Costenoble sent Atty. Alvarez, Jr. a demand letter asking for the return of the certificates of title and the
P115,000.00 she previously paid. In the proceedings before the Integrated Bar of the Philippines (
IBP) -Commission on Bar Discipline, Costenoble sought
disbarment of Atty. Alvarez, Jr. for dishonest and fraudulent acts and unprofessional conduct. Atty. Alvarez, Jr. filed a motion for extension but failed to submit a
verified answer and
position paper, so the case was submitted for resolution. The investigating commissioner recommended suspension from the practice of law for one year, but the IBP Board of Governors adopted the report with modification and increased the suspension to
three years. After transmittal of the records to the Court for final action, the Court adopted the IBP’s findings and recommended sanction, noting that Atty. Alvarez, Jr. failed to register Costenoble’s properties and failed to return the money and documents despite demand.
Issues:
Whether Atty. Jose L. Alvarez, Jr. should be held administratively liable for neglect of duty and for failing to return the money and documents entrusted to him by Costenoble, in violation of the
Code of Professional Responsibility.
Ruling:
Ratio:
Doctrine: