Case Summary (A.C. No. 4566)
Procedural Background
The Supreme Court initially required the respondent to comment on the complaint within ten days from notice on June 26, 1996. After several motions for extension filed by the respondent, none of which resulted in a submitted comment, the case was referred to the Integrated Bar of the Philippines (IBP) for further investigation on April 27, 1998. Despite opportunities for the respondent to engage with the process, including multiple scheduled hearings and additional chances to file answers, the respondent exhibited persistent inaction.
Investigation Findings
The IBP designated Atty. Cesar R. Dulay as the investigating commissioner. During the investigation, it was revealed that the complainant had engaged Atty. Macalino to handle a lawsuit linked to a lease dispute. The respondent was responsible for handling a guarantee deposit of P50,000. The respondent purportedly informed the complainant that this amount had been returned when, in fact, the check intended for Wheels Distributors, Inc. was deposited into the respondent's account instead.
Evidence of Misappropriation
The investigation found that after Atty. Macalino received the Metrobank Check No. MB350288, he deposited it into his own account at United Savings Bank and misrepresented its status to the complainant. This deceit led to a lengthened legal dispute in which the complainant learned, during negotiations with Wheels, that the refund had never been received. A key piece of evidence was the testimony from a United Savings Bank employee confirming that the respondent maintained the account to which the check was deposited.
Conclusion and Recommendations of the IBP
The investigating commissioner concluded that the respondent had grossly violated his fiduciary duties. A recommendation for a two-year suspension from the practice of law was initially proposed by Atty. Dulay, along with an order to account for the misappropriated funds. On June 21, 2003, the IBP Board of Governors passed a resolution modifying the penalty to a one-year suspension, based on the respondent's lack of prior infractions and the available e
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Case Overview
- This case involves a disbarment complaint filed by Unity Fishing Development Corporation against Atty. Danilo G. Macalino for violating Canon 16 of the Code of Professional Responsibility.
- The complaint was filed on December 10, 2004, and examined Atty. Macalino's failure to account for and return client funds.
Procedural History
- The Supreme Court resolved on June 26, 1996, to require Atty. Macalino to comment on the complaint within ten days.
- Respondent requested multiple extensions (30 days on July 26, 1996; 15 days on August 26, 1996; and a final extension on September 19, 1996), all granted by the Court.
- No comment was ever filed by the respondent despite these extensions.
- Unity Fishing filed a Motion to Conduct Further Proceedings on March 23, 1998, prompting the referral of the case to the Integrated Bar of the Philippines (IBP) for investigation.
Investigation and Findings
- The IBP Commission designated Atty. Cesar R. Dulay as the investigating commissioner.
- A hearing was scheduled for October 8, 1998, where both parties appeared. Atty. Macalino requested further time to file his answer.
- The Commission continually granted extensions, but the respondent failed to comply with the requirements and was absent at subsequent hearings.
- After multiple absences and delays, the investigating commissioner concluded the case was ready for resolution.
Background of the Case
- Frabal Fishing and Ice Plant Corporation hired