A.C. No. 7418 - ANDREA BALCE CELAJE, COMPLAINANT, VS. ATTY. SANTIAGO C. SORIANO. R E S O L U T I O N - Supreme Court E-Library

Ruling

Accordingly, Respondent is clearly guilty of misappropriating his clients funds in the amount of P5,800.00 . While other amounts may have been misappropriated, Complainant alleges P270,000.00, the exactness of the amounts could not be established. Respondent is also guilty of deceiving his client and abusing his clients confidence in requesting for several amounts of money on the pretense that he had to spend for and pay the trial judge. Respondent is hereby ORDERED to immediately deliver the unaccounted for amount of Five Thousand Eight Hundred Pesos (P5,800.00) to Complainant, submitting a Compliance Report thereon. [5] On September 8, 2006, the Board of Governors of the IBP passed a Resolution thus: RESOLVED to ADOPT and Approve, as it is hereby ADOPTED and APPROVED, with modification , the Report and Recommendation of the Investigating Commissioner of the above-entitled case, herein made part of this Resolution as Annex A-; and, finding the recommendation fully supported by the evidence on record and the applicable laws and rules, and considering that Respondent is guilty of gross misconduct for misappropriating his clients funds, Atty. Santiago C. Soriano is hereby SUSPENDED from the practice of law for two (2) years and likewise Ordered to immediately deliver that unaccounted amount of P5,800.00 to complainant. [6] The IBP transmitted the Notice of Resolution issued by the IBP Board of Governors as well as the records of the case, pursuant to Rule 139-B. [7] Then in compliance with the Courts Resolution dated February 20, 2007, the IBP through Director for Discipline Rogelio Vinluan informed the Court that per records of the IBP, no Motion for Reconsideration was filed by either party. The Court agrees with the IBP Resolution. The Code of Professional Responsibility (CPR), particularly Canon 16 thereof, mandates that a lawyer shall hold in trust all moneys and properties of his client that may come into his possession. He shall account for all money or property collected or received from his client [8] and shall deliver the funds and property of his client when due or upon demand. [9] As found by Commissioner Funa, it was established that respondent could not account for P5,800.00 which was part of the sum given by complainant to him for the purpose of filing an injunctive bond. Respondent admitted having received from complainant P17,800.00 on April 19, 2002 for the preliminary injunction [10] and admitted to having a balance of P9,000.00 in his promissory note to the Manila Insurance Co., Inc. dated April 23, 2002, which was reduced to P5,800.00 by reason of an additional payment of P4,000.00, [11] leaving an amount of P5,800.00 unaccounted for. The affidavit of the insurance agent, Valentina Ramos, dated December 8, 2005 also states that even up to said date, respondent had not yet paid the balance of P5,800.00. [12] Respondents failure to return the money to complainant upon demand gave rise to the presumption that he misappropria