Title
Ignacio vs. Alviar
Case
A.C. No. 11482
Decision Date
Jul 17, 2017
Atty. Alviar failed to attend his client's arraignment, neglected duties, and was reprimanded, ordered to refund PhP97,000 for negligence under CPR Rule 18.03.

Case Digest (A.C. No. 11482)
Expanded Legal Reasoning

Facts:

  • Referral and Engagement
    • In March 2014, respondent Atty. Daniel T. Alviar was referred to complainant Jocelyn Ignacio to represent her son, who was detained by the PDEA in Quezon City, for an acceptance fee of ₱100,000 and purported CHR intervention.
    • Complainant paid ₱20,000 and then ₱30,000 as initial installments; respondent conferred once for 20 minutes, then procured plain copies of the case records from the Pasay City Prosecutor and verified the filing status twice at the Hall of Justice.
  • Completion of Engagement Tasks and Full Payment
    • Respondent requested and received the remaining ₱50,000, thereafter filing his notice of appearance as counsel.
    • He performed no further substantive work aside from the tasks above.
  • Failure to Appear and Correspondence
    • An arraignment was set for April 29, 2014; respondent said he could not attend due to a prior hearing and promised to send another lawyer.
    • On April 26, complainant wrote requesting to engage new counsel and asked that respondent retain only a portion of the fee for services rendered; respondent denied receipt.
    • On the arraignment date, neither respondent nor substitute appeared; respondent later claimed he “forgot the date.”
    • On May 6, complainant formally demanded his withdrawal as counsel and reiterated her request for partial refund; respondent did not respond.
  • Administrative Proceedings
    • On June 16, 2014, complainant filed an administrative complaint before the IBP Commission on Bar Discipline; respondent failed to attend conferences and file pleadings, citing life‐threats from a former client.
    • He eventually submitted an Answer denying negligence. The Investigating Commissioner found him liable for negligence (Rule 18.03 CPR) and recommended six months’ suspension plus full restitution of ₱100,000. The IBP Board of Governors modified the penalty to a reprimand with stern warning. Records were transmitted to the Supreme Court for final action.

Issues:

  • Whether respondent is guilty of negligence in handling the case of complainant’s son.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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