A.C. No. 10244 [Formerly CBD Case No. 07-2085] - REMIGIO P. SEGOVIA, JR., FRANCISCO RIZABAL, PABLITO RIZABAL, MARCIAL RIZABAL ROMINES, PELAGIO RIZABAL ARYAP AND RENATO RIZABAL, COMPLAINANTS, VS. ATTY. ROLANDO S. JAVIER.DECISION - Supreme Court E-Library

Ruling

Accordingly, he recommends that the Respondent be SUSPENDED for a period of one (1) year. [6] The Board of Governors adopted the findings of the Commissioner in Resolution No. XX-2013-304, to wit: RESOLVED to ADOPT and APPROVE , as it is hereby unanimously ADOPTED and APPROVED , the Report and Recommendation of the Investigating Commissioner in 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 violated Rule 18.03 of the Code of Professional Responsibility, Atty. Rolando S. Javier is hereby SUSPENDED from the practice of law for one (1) year . [7] The Court's Ruling We adopt the ruling of the IBP Board of Governors. A license to practice law is a guarantee by the courts to the public that the licensee possesses sufficient skill, knowledge and diligence to manage their cases. When a lawyer accepts a case, his acceptance is an implied representation that he possesses the requisite academic learning, skill and ability to handle the case. The lawyer has the duty to exert his best judgment in the prosecution or defense of the case entrusted to him and to exercise reasonable and ordinary care and diligence in the pursuit or defense of the case. [8] A lawyer owes fidelity to the cause of his client and must be mindful of the trust and confidence reposed in him. An attorney's duty to safeguard the client's interests commences from his retainer until his effective release from the case or the final disposition of the whole subject matter of the litigation. During that period, he is expected to take such reasonable steps and such ordinary care as his client's interests may require. [9] In other words, acceptance of money from a client establishes an attorney-client relationship and gives rise to the duty of fidelity to the client's cause. [10] The Code of Professional Responsibility ( CPR ) states: CANON 16 - A lawyer shall hold in trust all moneys and properties of his client that may come into his possession. x x x x RULE 16.03 - A lawyer shall deliver the funds and property of his client when due or upon demand. x x x CANON 18 - A lawyer shall serve his client with competence and diligence. x x x x RULE 18.03 A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable. In the instant case, it was undisputed that respondent failed to tile the case of falsification of public documents and recovery of property in favor of complainants despite receiving the money in connection with. the said case. Respondent's inaction despite repeated follow-ups and his promise that the case will be resolved in complainants' favor demonstrated his cavalier attitude and appalling indifference to his clients' cause. When a lawyer receives money from the client for a particular purpose, the lawyer is bound to render an accounting to the client showi