A.C. No. 12401 - NELITA S. SALAZAR, COMPLAINANT, VS. ATTY. FELINO R. QUIAMBAO.DECISION - Supreme Court E-Library

Ruling

Accordingly, there is neither a plaintiff nor a prosecutor therein. It may be initiated by the Court motu proprio . Public interest is its primary objective, and the real question for determination is whether or not the attorney is still a fit person to be allowed the privileges as such. Hence, in the exercise of its disciplinary powers, the Court merely calls upon a member of the Bar to account for his actuations as an officer of the Court with the end in view of preserving the purity of the legal profession and the proper and honest administration of justice by purging the profession of members who by their misconduct have proved themselves no longer worthy to be entrusted with the duties and responsibilities pertaining to the office of an attorney. In such posture, there can thus be no occasion to speak of a complainant or a prosecutor." [14] The Lawyer's Oath requires every lawyer to "delay no man for money or malice" and to act "according to the best of [his or her] know edge and discretion, with all good fidelity as well to the courts as to [his or her] clients." [15] A lawyer is duty-bound to serve his client with competence, and to attend to his client's cause with diligence, care and devotion. This is because a lawyer owes fidelity to his client's cause and must always be mindful of the trust and confidence reposed on him. [16] Canon 16, Rules 16.01, 16.02, and 16.03 of the Code require that a lawyer must duly account all the moneys and properties of his client, to wit: CANON 16 - A lawyer shall hold in trust all moneys and properties of his client that may come into his profession. Rule 16.01 - A lawyer shall account for all money or property collected or received for or from the client. Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him. Rule 16.03 - A lawyer shall deliver the funds and property of his client when due or upon demand. However, he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all judgments and executions he has secured for his client as provided for in the Rules of Court. On the other hand, Canons 17, 18 and Rule 18.03 of the Code require that a lawyer exercise fidelity, competence and diligence when dealing with his or her client, viz .: 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 18 - A lawyer shall serve his client with competence and diligence. Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable. Respondent violated the Lawyer's Oath and the Code In this case, respondent received the total amount of P170,000.00 from complainant for the processing, transfer of titles, and other related fees, incl