G.R. No. L-61438 - Boiser vs. Court of Appeals

On May 21, 2011, the fishing vessel FV/JVPHIL 5, with Filipino and Taiwanese crew including Hsu Hung-Tse and Chen Fu Nan, was apprehended by the Philippine Coast Guard (PCG) and Bureau of Fisheries and Aquatic Resources (BFAR).
Criminal cases against the crew were filed before the Regional Trial Court of Ilagan, Isabela; administrative cases before the Maritime Industry Authority (MARINA) and BFAR; and two other cases against the complainant before the Prosecutor's Office of Zambales and Olongapo City.
Complainant Joann G. Minas engaged Atty. Domingo A. Doctor, Jr. (respondent) to handle these cases, initially paying an acceptance fee of P100,000 which was later increased to P200,000 following Atty. Doctor’s request.

Atty. Doctor informed complainant that two Taiwanese crew members could not leave the country due to pending cases with the Bureau of Immigration and Deportation (BID), requiring payment of P400,000 in penalties and fees. On June 8, 2011, complainant handed this amount in cash to Atty. Doctor at BID Office in Intramuros, Manila.
Subsequently, Atty. Doctor advised complainant to post a "replevin bond" amounting to P400,000 to secure vessel release from BFAR, plus an administrative fine of US$50,000. On June 21, 2011, complainant gave these amounts to Atty. Doctor personally in Quezon City.
Complainant did not receive official receipts for these payments and discovered that no bond was posted; moreover, the BFAR prosecution presented evidence ex-parte after Atty. Doctor failed to file an answer on complainant’s behalf.
Complainant demanded the return of P800,000 and US$50,000; Atty. Doctor partially returned US$42,000 over several transactions but failed to account for or return the remaining amounts despite numerous attempts at contact.
Complainant terminated Atty. Doctor’s services and filed a disbarment complaint alleging violations of the Code of Professional Responsibility concerning the handling and accounting of client funds.

Atty. Doctor claimed the vessel was owned by a Taiwanese national and that complainant was merely a dummy submitting false documents to evade maritime regulations; denied that complainant had pending criminal charges related to the fishing vessel at issue, stating the pending charges pertained to other vessels.
He asserted he only charged reasonable fees for the initial cases (P10,000 to P20,000 acceptance fees and P3,000 to P7,000 appearance fees) and that he did not collect fees for several other cases.
Atty. Doctor cited his stroke in July 2011, which affected his mobility and speech, but claimed he still attended hearings and kept complainant informed.
He argued that information regarding delivery of money was protected by privileged communication and that complainant was not the proper party to question his dealings with his Taiwanese clients.

The Integrated Bar of the Philippines - Commission on Bar Discipline (IBP-CBD) found Atty. Doctor liable for violation of Canons 16 and 18 of the Code of Professional Responsibility, recommending suspension for six months.
The IBP Board of Governors adopted the findings with modification, increasing the recommended suspension period to two years.
Atty. Doctor’s motion for reconsideration was denied.

Whether Atty. Domingo A. Doctor, Jr. should be held administratively liable for:

His failure to account for the money he received from complainant allegedly for the settlement of fines, posting of bond, and other case-related expenses; and
His failure to serve his client with competence, diligence, and proper communication;

In violation of Canon 16 (Rules 16.01 and 16.03) and Canon 18 (Rules 18.03 and 18.04) of the Code of Professional Responsibility.