Case Summary (A.C. No. 9615)
Allegations Against Respondent
Gloria accused Atty. Jiz of neglecting her case, misappropriating funds, and assigning her legal matter to another attorney without her consent. Gloria claimed that after entrusting Atty. Jiz with the title recovery and other legal services, he failed to keep her informed of her case’s status and retained funds intended for specific purposes without providing proper accounting or return upon her request.
Sequence of Events
Initially, Gloria paid Atty. Jiz an acceptance fee of P17,000 and an additional P45,000 for expenses related to the transfer of TCT No. T-119598. Atty. Jiz later informed her that another lawyer was handling the matter. Gloria further discovered that Atty. Jiz was collecting rental income from the Leganes Property but provided her with only a portion of those funds. After several demands for returning her funds and terminating his services, Gloria initiated an administrative complaint against Atty. Jiz.
Atty. Jiz's Defense
In response, Atty. Jiz admitted to taking on Gloria's case but contended that his obligations were limited to protecting her legal rights. He disputed the allegations of misappropriation and claimed he had provided adequate legal services. Atty. Jiz maintained that any fees not returned were justified as payment for legal services rendered based on Gloria's prior payment and alleged negotiations regarding her property.
Action and Investigation
The Integrated Bar of the Philippines (IBP) reviewed the case and found that Atty. Jiz had indeed failed to update Gloria about her case and neglected to fulfill his responsibilities per the Code of Professional Responsibility. The IBP recommended that Atty. Jiz refund the amount of P45,000 to Gloria and be reprimanded for his conduct.
Court Ruling
The Court upheld the IBP's findings, affirming that Atty. Jiz was remiss in his duties by neglecting to act on Gloria's case and improperly handling her funds. The Court emphasized the importance of maintaining a high standard of diligence and trustworthiness in the legal profession. The respondent's lack of action, combined with his failure to comply with legal directives, led to a determination that he had committed grave lapses in professional conduct.
Penalty Imposed
The Court decided to suspend Atty. Jiz from practic
...continue readingCase Syllabus (A.C. No. 9615)
Introduction
- This case revolves around an administrative complaint filed by Gloria P. Jinon against Atty. Leonardo E. Jiz.
- The complaint included allegations of neglect of case, misappropriation of funds, and unauthorized delegation of legal work, in violation of the Code of Professional Responsibility.
Background of the Case
- Gloria Jinon entrusted two land titles to her sister-in-law, Viola J. Jinon, after the death of her brother Charlie in July 2001.
- The properties include:
- Sta. Barbara Property in Mangasina, Sta. Barbara, Iloilo.
- Leganes Property located at No. 12 Valencia St., Poblacion, Leganes, Iloilo, covered by TCT No. T-119598.
- Following a sale of the Sta. Barbara Property, disagreements arose between Gloria and Viola over the proceeds, leading to Gloria's attempt to recover TCT No. T-119598 through legal representation.
Engagement of Legal Services
- Gloria retained Atty. Jiz on April 29, 2003, paying an initial acceptance fee of P17,000.
- Atty. Jiz assured Gloria that he would facilitate the transfer of the title.
- On August 13, 2003, Gloria sent an additional P45,000 to Atty. Jiz for expenses related to the title transfer.
- Gloria later discovered that Atty. Jiz had assigned her case to another lawyer without her consent and had collected rental payments from the Leganes Property but failed to remit all proceeds to her.
Termination of Services and Demand for Refund
- Gloria terminated At