A.C. No. 12086 [Formerly CBD Case No. 12-3300] - ANTONIO T. AGUINALDO, COMPLAINANT, VS. ATTY. ISAIAH C. ASUNCION, JR..D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, there seems to be nothing unreasonable with the expectation that Atty. Asuncion exercises good faith in all his dealings, whether in his professional or private capacity. Here, the Court cannot ascribe good faith to the respondent as he did not show any willingness to make good of his obligation. Instead, as noted by the IBP-CDB, he continued to buy time and puts up new excuses for his failure to return the earnest money. Time and again, the Court has ruled that membership in the legal profession is a high personal privilege burdened with conditions, including continuing fidelity to the law and constant possession of moral fitness. Lawyers, as guardians of the law, play a vital role in the preservation of society, and a consequent obligation of lawyers is to maintain the highest standards of ethical conduct. Failure to live by the standards of the legal profession and to discharge the burden of the privilege conferred on one as a member of the bar warrant the suspension or revocation of that privilege. [15] In view of the foregoing, the Court finds no cogent reason to depart from the resolution of the IBP-BOG to suspend the respondent from the practice of law for a period of six (6) months. Respondent's failure to disclose material facts regarding the status of the subject property and his obstinate refusal to return the earnest money constitutes misconduct which should be administratively sanctioned. WHEREFORE , respondent Atty. Isaiah C. Asuncion, Jr. is hereby found GUILTY of committing dishonest, deceitful, and fraudulent acts prejudicial to the legal profession and in violation of Canon 1, Rule 1.01 of the Code of Professional Responsibility. Accordingly, he is SUSPENDED from the practice of law for a period of six (6) months, reckoned from receipt of this Decision, with WARNING that a similar misconduct in the future shall be dealt with more severely. Let a copy of this Decision be furnished the Office of the Bar Confidant and the Integrated Bar of the Philippines for their information and guidance. The Court Administrator is DIRECTED to CIRCULATE this Decision to all courts in the country. SO ORDERED.