A.C. No. 5668 (A.C. No. CBD-99-637) - GIL T. AQUINO, COMPLAINANT, VS. ATTY. WENCESLAO C. BARCELONA.R E S O L U T I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of the foregoing, the Undersigned respectfully recommends that the respondent be required to render an accounting and restitute to the complainant whatever remained from the amount of P60,000.00 within two (2) months from receipt of the report and shall be suspended from the practice of his profession for a period of six (6) months from receipt of this report and recommendation. [4] On April 29, 2001, a resolution [5] was passed by the Board of Governors of the IBP adopting the above quoted recommendation, thus: RESOLVED to ADOPT and APPROVE, as it is hereby ADOPTED and APPROVED, the Report and Recommendation of the Investigating Commissioner of the above-entitled case, herein made part of this Resolution/Decision as Annex "A"; and, finding the recommendation fully supported by the evidence on record and the applicable laws and rules, Respondent is SUSPENDED from the practice of law for Six (6) months for misappropriation and ordered to render the accounting and restitute whatever remained of the P60,000.00 to the complainant. Given the foregoing circumstances, we find no reason to disturb the findings of the IBP Board of Governors. Respondent, Atty. Wenceslao C. Barcelona, was given ample opportunity to defend himself from the complaint filed against him. Despite a long lapse of time, he did not make any effort to refute the accusations made against him. As found by the Investigating Commissioner and based on the evidence on record, respondent did not even try, despite notice, to appear and clear his name before the IBP Commission on Bar Discipline. We are thus constrained to agree with the recommendations of the IBP Board of Governors that indeed respondent has committed professional misconduct for which he should be duly disciplined. WHEREFORE, respondent ATTY. WENCESLAO BARCELONA is found GUILTY of gross dishonesty and conduct unbecoming a member of the bar. He is hereby ordered SUSPENDED from the practice of law for six (6) months, effective immediately. Further, he is also ordered to account for the amount of P60,000 entrusted to him by his client, with the obligation to return the entire amount, or so much thereof remaining, to complainant. SO ORDERED.