G.R. No. 223515 - People vs. Taboy y Aquino

Atty. Augusto G. Navarro, on behalf of Pan-Asia International Commodities, Inc., filed a complaint-affidavit on June 7, 1994, before the Commission on Bar Discipline of the Integrated Bar of the Philippines against Atty. Rosendo Meneses III.
The charges against respondent Meneses included malpractice and gross misconduct as a public defender, dereliction of duty, willful abandonment, and loss of trust for failing to account for P50,000 entrusted to him for an amicable settlement.

Frankwell Management and Consultant, Inc., including Pan-Asia International Commodities, Inc., employed respondent Meneses for various legal cases, and he was compensated according to retainer agreements.
Respondent handled the criminal case of People vs. Lai Chan Kow, also known as Wilson Lai, and Arthur BretaAa pending before Branch 134, RTC Makati.

On December 24, 1993, respondent received P50,000 from accused Arthur BretaAa to be paid to the offended party Gleason for an out-of-court settlement with a promise to file a motion to dismiss.
Despite repeated demands, Meneses failed to provide a receipt acknowledging payment or to file any motion to dismiss, and the settlement did not materialize.
Numerous written and telephonic demands from complainant for return of the money and documents were ignored by Meneses.

Commissioner Victor C. Fernandez was assigned for investigation and ordered respondent to file an answer.
Meneses filed two ex parte motions for extension and ultimately a motion to dismiss instead of an answer, claiming lack of authority of Navarro to sue, termination of retainer, and non-inclusion of the BretaAa case in the retainer.
The motion to dismiss was denied, and Meneses adopted its allegations instead of submitting a proper answer.
Meneses repeatedly failed to appear at hearings, citing health issues, prompting ex parte receipt of complainant's evidence.
After granting Meneses’ motion to recall witness for cross-examination, he again failed to appear at final hearings, and his right to present evidence was considered waived; the case was submitted for resolution.

The Commission found respondent guilty of misappropriating the P50,000 entrusted to him.
The Commission recommended a three-year suspension with a directive to return the amount within 15 days, failure of which would lead to disbarment.
The Board of Governors approved this recommendation on July 26, 1997.
The Supreme Court received the case for final resolution and noted respondent’s failure to return the money within the prescribed period.

Whether or not the respondent committed malpractice, gross misconduct, dereliction of duty, and willful abandonment by failing to account for and return the P50,000 entrusted to him.
Whether the respondent’s argument that Atty. Navarro had no legal personality or authority to file the complaint for Pan-Asia International Commodities, Inc. is valid.
The proper disciplinary action to be imposed on respondent Meneses considering his conduct and failure to comply with the Commission’s directives.