Case Summary (A.C. No. 2591)
The Case
This decision pertains to the complaint filed by Leticia Adrimisin against Atty. Rolando S. Javier, accusing him of deceit and misrepresentation leading to disbarment.
- Date of Complaint: 12 September 1983
- Nature of Complaint: Disbarment for deceit and misrepresentation
The Facts
The complaint arises from an alleged failure of Atty. Javier to fulfill his obligations concerning a bail bond for complainant's son-in-law, Alfredo Monterde.
- Introduction: Complainant was referred to Atty. Javier for legal assistance in securing bail.
- Financial Transaction: Complainant paid Atty. Javier P500 for the bail bond.
- Allegations:
- Promised release of Monterde was not fulfilled.
- Atty. Javier failed to return the P500 after the bond was not secured.
- Defendant's Position: Atty. Javier claimed he was not retained as legal counsel but merely assisted in securing a bail bond.
- Testimony of Third Parties: The insurance agent, Carlos Alberto, testified that a bond was prepared but not filed due to payment issues.
The OSG’s Report and Recommendation
The Office of the Solicitor General (OSG) investigated the matter and recommended a suspension of at least one year for Atty. Javier.
- Findings:
- Atty. Javier's admission of receiving P500 for the bail bond.
- Failure to secure Monterde’s release or refund the money.
- Evidence of negligence and misrepresentation.
- Legal Precedents: Cited cases underscoring the duty of lawyers to uphold morality and accountability.
The Court's Ruling
The court found Atty. Javier liable for violating professional responsibilities under the Code of Professional Responsibility.
- Violations:
- Canon 16 and Rule 18.03: Duty to account for client funds and not neglect legal matters.
- Key Findings:
- Atty. Javier's defense of securing a bond was deemed an afterthought.
- The bail bond was found to be invalid for theft and robbery cases.
- Consequences:
- Suspension from practice for six months.
- Requirement to return the P500 with legal interest from the date of the complaint.
Penalties and Liabilities
- Suspension Duration: Six months from the date of decision.
- Restitution Order: Atty. Javier must refund the P500 to Leticia Adrimisin.
- Proof of Restitution: Must be submitted within ten days of payment.
Key Takeaways
- Atty. Rolando S. Javier was found guilty of deceit and misrepresentation in handling a bail bond.
- Legal professionals are held to high moral and ethical standards, emphasizing the fiduciary nature of their duties.
- The court reinforced the importance of accountability in managing client funds and
Case Syllabus (A.C. No. 2591)
The Case
- On September 12, 1983, Leticia Adrimisin (complainant) filed a complaint-affidavit with the Ministry of Justice seeking the disbarment of Atty. Rolando S. Javier (respondent) for deceit and misrepresentation.
The Facts
- Complainant was introduced to the respondent by her cousin, Pablo Adrimisin, on July 12, 1983.
- She sought legal assistance to secure the release of her son-in-law, Alfredo Monterde, who was charged with qualified theft and detained in the Caloocan City Jail.
- Respondent advised the complainant to file a bail bond, knowing she had only P500 available.
- Complainant alleges that the respondent accepted P500, issued a receipt, and promised that Monterde would be released the following day.
- Despite the assurances, Monterde was not released, and the complainant repeatedly attempted to contact the respondent, who appeared to be avoiding her.
- Monterde was eventually released after a settlement with his employer.
- The complainant demanded the return of her P500, but the respondent failed to return the amount.
Respondent's Position
- The respondent did not file any formal answer to the complaint but participated in investigative hearings conducted by the Office of the Solicitor General (OSG).
- He claimed he was not hired as legal counsel but merely asked for assistance in securing a bail bond.
- Respondent admitted to receiving P500 for the bail bond and contacted Carlos Al