Case Digest (A.C. No. 10244)
Facts:
Remigio P. Segovia, Jr., Francisco Rizabal, Pablito Rizabal, Marcial Rizabal Romines, Pelagio Rizabal Aryap and Renato Rizabal v. Atty. Rolando S. Javier, A.C. No. 10244 [Formerly CBD Case No. 07-2085], March 12, 2018, Supreme Court Second Division, Peralta, J., writing for the Court.Complainants filed a letter-complaint with the Integrated Bar of the Philippines (IBP) alleging that respondent Atty. Rolando S. Javier was engaged to handle a case for falsification of documents and recovery of property but, after collecting litigation fees totalling allegedly P57,000.00, failed to file the case or otherwise render the contracted legal services. Complainants claimed respondent specifically demanded and received P30,000.00 from them as a filing fee and an additional P27,000.00 from a third party; only the P30,000.00 was supported by evidence.
The IBP Commission on Bar Discipline (CBD), through Commissioner Oliver A. Cachapero, issued a Notice of Mandatory Conference dated May 8, 2012; neither party appeared. A July 6, 2012 order directed the parties to file verified position papers, but both again failed to file. Commissioner Cachapero submitted a Report dated November 14, 2012 finding merit in the complaint, concluding that respondent breached his fiduciary duty by accepting fees and failing to file the case or account for the money, and recommending a one-year suspension.
The IBP Board of Governors adopted the Commissioner’s Report and Recommendation in Resolution No. XX-2013-304, suspending respondent for one year. The matter was then taken up by the Court, wh...(Subscriber-Only)
Issues:
- Did respondent violate the Code of Professional Responsibility by neglecting a legal matter entrusted to him and by failing to account for or return client funds?
- If guilty, what disciplinary penalty and ancillary relief (including restitution and interest...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)