FACTS:
An administrative complaint for disbarment filed by complainant Suzette Del Mundo charging respondent Atty. Arnel C. Capistrano of violating the Code of Professional Responsibility.On January 8, 2005, Suzette and her friend Ricky S. Tuparan engaged the legal services of Atty. Capistrano to handle the judicial declaration of nullity of their respective marriages allegedly for a fee of PhP140,000.00 each. On the same date, a Special Retainer Agreement2 was entered into by and between Suzette and Atty. Capistrano which required an acceptance fee of PhP30,000.00, appearance fee of PhP2,500.00 per hearing and another PhP2,500.00 per pleading. In addition, Atty. Capistrano allegedly advised her to prepare an additional amount as payment for the filing fee, summons, fiscals, psychiatrist and commissioner.In accordance with their agreement, Suzette gave Atty. Capistrano the total amount of PhP78,500.00.For every payment that Suzette made, she would inquire from Atty. Capistrano on the status of her case. In response, the latter made her believe that the two cases were already filed before the Regional Trial Court of Malabon City and awaiting notice of hearing. She verified her case from the Clerk of Court of Malabon and discovered that no petition has yet been filed for her. Suzette called for a conference where she demanded the refund of the total amount of PhP78,500.00, but Atty. Capistrano instead offered to return the amount of PhP63,000.00 on staggered basis claiming to have incurred expenses in the filing of Tuparans case, to which she agreed.However, Atty. Capistrano only returned the amount of PhP5,000.00 thereafter, refused to communicate with her.
In the Report and Recommendation dated April 11, 2007, the IBP-CBD, through Commissioner Quisumbing, found that Atty. Capistrano had neglected his clients interest by his failure to inform Suzette of the status of her case and to file the agreed petition for declaration of nullity of marriage. It also concluded that his inability to refund the amount he had promised Suzette showed deficiency in his moral character, honesty, probity and good demeanor.
ISSUE:
Whether or not Atty. Arnel C. Capistrano violated the Code of Professional Responsibility.
HELD:
Yes. Atty. Capistrano committed acts in violation of his sworn duty as a member of the bar. In his Manifestation and Petition for Review,he himself admitted liability for his failure to act on Suzettes case as well as to account and return the funds she entrusted to him. He only pleaded for the mitigation of his penalty citing the lack of intention to breach his lawyers oath; that this is his first offense; and that his profession is the only means of his and his familys livelihood. He also prayed that the adjudged amount of PhP140,000.00 be reduced to PhP73,500.00 representing the amount of PhP78,500.00 he received less his payment of the sum of PhP5,000.00.Respondent Atty. Arnel C. Capistrano, having clearly violated Canons 16 and 18 of the Code of Professional Responsibility.when a lawyer takes a clients cause, he covenants that he will exercise due diligence in protecting the latters rights. Failure to exercise that degree of vigilance and attention expected of a good father of a family makes the lawyer unworthy of the trust reposed on him by his client and makes him answerable not just to his client but also to the legal profession, the courts and society.
The practice of law is a privilege given to lawyers who meet the high standards of legal proficiency and morality, including honesty, integrity and fair dealing and should act in accordance with the values and norms of the legal profession as embodied in the Code of Professional Responsibility. Falling short of this standard is subject for discipline by the court by imposing an appropriate penalty based on the exercise of sound judicial discretion in consideration of the surrounding facts.
They must perform their fourfold duty to society, the legal profession, the courts and their clients, in accordance with the values and norms of the legal profession as embodied in the Code of Professional Responsibility.
respondent Atty. Arnel C. Capistrano, having clearly violated Canons 16 and 18 of the Code of Professional Responsibility, has SUSPENDED from the practice of law for one year with a stern warning that a repetition of the same or similar acts shall be dealt with more severely and he is ordered to return to Suzette Del Mundo the full amount of PhP73,500.00 within 30 days.
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