A.C. NO. 5655 - VALERIANA U. DALISAY, COMPLAINANT, VS. ATTY. MELANIO MAURICIO, JR..D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, his acceptance fee would be One Hundred Thousand (P100,000.00) Pesos. In addition, she would be charged for any pleading and paper filed with the court, plus an appearance fee of P3,000.00. A few days later, Atty. Lozano called respondent and asked him to reduce his acceptance fee. He then agreed and asked only P25,000.00 for which complainant was very grateful. Respondent denied demanding P8,000.00 as filing fee in Civil Case No. 00-044. He clarified that such fee was intended for another case he would file for complainant, aside from Civil Case No. 00-044. Respondent also alleged that he asked complainant to bring her son-in-law to his office for a conference and to submit to him the necessary documents to enable him to prepare the filing of the complaints in order to protect her rights over the subject property. But complainant did not heed his advice. Instead, she returned to his office and told him that she was no longer interested in retaining his services. She then demanded a refund of the amounts she paid. According to respondent, he rendered legal services to complainant by way of legal advice and opinions on all her problems and those of her family. Consequently, he had every right to collect attorneys fees from her. He prayed that the instant complaint be dismissed. On September 18, 2002, we resolved to refer this case to the Integrated Bar of the Philippines (IBP) for investigation, report and recommendation. In her Report and Recommendation dated January 13, 2004, Commissioner Lydia A. Navarro of the IBP Commission on Bar Discipline made the following findings - It is evident that for the amount of P56,000.00 paid by the complainant as reflected in the duly signed official receipts of respondents law office, no action had been taken nor any pleadings prepared by the respondent except his alleged conferences and opinions rendered when complainant frequented his law office, as his legal services. In view thereof, when complainant decided to withdrew respondents services as her counsel due to inaction; it is quite fair and incumbent upon the respondent to return whatever amount the complainant had already paid in the amount of P56,000.00 and the latter to compensate respondent for reasonable consultation fees due him which was not included in their retained agreement. and recommended as follows: Wherefore, premises considered, it is respectfully recommended that the complaint against Atty. Melanio Batas Mauricio, Jr., be dismissed and the respondent be required to refund the amount of Fifty Six Thousand Pesos (P56,000.00) to the complainant within two (2) months from receipt hereof, with the advice to be more discreet and cautious in dealing with clients relative to assessment and receipt of required fees in the future, specially those assisted by him through referral and accommodation; otherwise severe penalty will be imposed. Complainant is likewise ordered to pay respondent consultation fee equivalent to twenty p