A.C. No. CBD-174 - GIOVANI M. IGUAL, COMPLAINANT, VS. ATTY. ROLANDO S. JAVIER.

Ruling

WHEREFORE, it is respectfully recommended to the Board of Governors, that the penalty of suspension from the practice of law for a period of THREE (3) MONTHS be meted on respondent in view of the circumstances." which recommended penalty, as indicated above, was reduced by the IBP Board of Governors to a suspension of one (1) month, but with the addition that respondent be required to restitute the P7,000.00 (balance) he received from complainant. The Courts Ruling We are in agreement with Commissioner Roxas findings and conclusions, as -approved by the IBP Board of Governors. In addition, we note that respondent not only unjustifiably refused to return the complainants money upon demand, but he stubbornly persisted in clinging to what was not his and to which he absolutely had no right. Such lack of delicadeza and absence of integrity was further highlighted by respondents half-baked excuses, hoary pretenses and blatant lies in his testimony before the IBP Committee on Bar Discipline represented by Commissioner Roxas. The sad thing is, he was not fooling anyone at all. He only ended up making a fool of himself in the process. Respondent, like all other members of the Bar, was and is expected to always live up to the standards embodied in the Code of Professional Responsibility, particularly the following Canons, viz: "CANON 15 - A lawyer shall observe candor, fairness and loyalty in all his dealings and transactions with his client. "CANON 16- A lawyer shall hold in trust all moneys and properties of his client that may come into his possession. "CANON 17 - A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him." "CANON 20 - A lawyer shall charge only fair and reasonable fees." for the relationship between an attorney and his client is highly fiduciary in nature and demands utmost fidelity and good faith. It goes without saying that respondent, by his deceitful actuations constituting violations of the Code of Professional Responsibility, must be subjected to disciplinary measures for his own good, as well as for the good of the entire membership of the Bar as a whole. WHEREFORE, in light of the foregoing, and consistent with the recommendation of the Integrated Bar of the Philippines, respondent ROLANDO S. JAVIER is hereby SUSPENDED from the practice of law for a period of ONE (1) MONTH, effective upon notice hereof, and ORDERED to restitute to the complainant the amount of SEVEN THOUSAND PESOS (P7,000.00) within thirty (30) days from notice. Let copies of this Decision be spread upon his record in the Bar Confidants Office and furnished the Integrated Bar of the Philippines. SO ORDERED.