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JurisprudenceA.C. No. 5041

A.C. No. 5041 - SALVADOR G. VILLANUEVA, COMPLAINANT, VS. ATTY. RAMON F. ISHIWATA.D E C I S I O N - Supreme Court E-Library

Cited Laws

RA 38RA 23RA 304
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TL;DR — Ruling

WHEREFORE , respondent Atty. Ramon F. Ishiwata is hereby declared guilty of violation of Canon 16 of the Code of Professional Responsibility and is SUSPENDED from the practice of law for a period of one (1) year effective upon his receipt of a copy of this Decision, with a warning that a repetition of the same or similar acts will be dealt with more severely. He is ordered to restitute to complainant the sum of P154,500.

Decision

Ruling

Accordingly, any money collected for the client or other trust property coming into the lawyers possession should promptly be reported by him. [7] A lawyer must at all times conduct himself, especially in his dealings with his clients and the public at large, with honesty and integrity in a manner beyond reproach. A violation of the high standards of the legal profession subjects the erring lawyer to administrative sanctions by this Court. [8] We agree with the holding of the Investigating Commissioner that since what respondent handled was merely a labor case, his attorneys fee should not exceed 10%, the rate allowed under the Labor Code. [9] Accordingly, his legal fee should be reduced from P56,250.00 to P22,500.00 only. We likewise sustain the finding of the Investigating Commissioner that respondent should pay the complainant the following amounts: P225,000.00 - Total amount received from J.T. Transport Less: P22,500.00 - Representing the allowable 10% attorneys fees P199,500.00 - Amount due to complainant Less: P45,000.00 - Actual amount paid to complainant P154,500.00 - Total balance which respondent should pay complainant The IBP Board of Governors recommended penalty of one (1) year is in order. In a recent case [10] wherein respondent lawyer failed to deliver to his clients the sum of P236,000.00 awarded to them by the trial court, we imposed upon him suspension from the practice of law for one year. WHEREFORE , respondent Atty. Ramon F. Ishiwata is hereby declared guilty of violation of Canon 16 of the Code of Professional Responsibility and is SUSPENDED from the practice of law for a period of one (1) year effective upon his receipt of a copy of this Decision, with a warning that a repetition of the same or similar acts will be dealt with more severely. He is ordered to restitute to complainant the sum of P154,500.00 from notice. Let copies of this Decision be furnished the Bar Confidant, the IBP, and the Court Administrator who shall circulate them to all courts, tribunals, and quasi-judicial agencies for their information and guidance. SO ORDERED.