A.C. No. 13982 (Formerly CBD Case No. 19-5970) - MYRNA GOMEZ STEWART, COMPLAINANT, VS. ATTY. CRISALDO R. RIOFLORIDO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , all premises considered, it is respectfully recommended that for violation of Canons 17 and 18 of the CPR as well as the lawyer's oath, Atty. Crisaldo R. Rioflorido be SUSPENDED from the practice of law for one (1) year. He is also DIRECTED to return to Complainant the amount paid to him as well as the paper work in relation to the criminal cases, within fifteen (15) days from receipt of notice. [22] (Emphasis in the original) In resolving the case against Atty. Rioflorido, the CBD observed that the evidence presented by the parties show that despite receiving a total amount of PHP 130,000.00 as legal fees from Stewart, Atty. Rioflorido did not act upon Stewart's case, nor did he respond to her requests for updates. In fact, the CBD noted that, contrary to the assertions of Atty. Rioflorido, the text messages between him and Stewart clearly reveal that he was unresponsive, and that his only text message to Atty. Rioflorido was that he will follow up with the Office of the Prosecutor. The CBD, likewise, noted that Atty. Rioflorido failed to return Stewart's money and documents despite repeated demands. Hence, the CBD found that Atty. Rioflorido is guilty of violating the CPR because he failed to serve his client with competence, diligence, and due care. IBP Board of Governors' Resolution On June 9, 2023, the IBP Board of Governors issued a Resolution, [23] approving and adopting the recommendation of the CBD: RESOLUTION NO. CBD-XXV-2023-06-53 RESOLVED , to APPROVE and ADOPT , as it is hereby APPROVED and ADOPTED , the Report and Recommendation of the Investigating Commissioner, to mete out upon respondent Atty. Crisaldo R. Rioflorido the penalty of SUSPENSION from the practice of law for ONE (1) YEAR , and that he be DIRECTED TO RETURN to the complainant the amount of Php 100,000.00, with legal interest thereon from the finality of the Supreme Court's decision affirming this recommendation, that was entrusted to him in the course of professional engagement and for which respondent failed to account. [24] (Emphasis in the original) The Court's Ruling After a careful examination of the records of the case, the Court resolves to adopt, with modification, the recommendation of the IBP Board of Governors. It is undisputed that there exists an attorney-client relationship between Stewart and Atty. Rioflorido. This means that Atty. Rioflorido is duty-bound to maintain, at all times, a high standard of legal proficiency, and to devote his full attention, skill, and competence, to his client's case. [25] Significantly, under Canon IV, Section 6 of the Code of Professional Responsibility and Accountability (CPRA), [26] lawyers must not neglect any legal matter entrusted to them by their clients, and must keep their clients informed of the status of their cases: SECTION 6. Duty to update the client . A lawyer shall regularly inform the client of the status and the result of the matter undertaken, and any action in connection thereto, and shall