Sunday, April 7, 2013

Lawyer suspended - sc.judiciary.gov.ph/jurisprudence/2013/march2013/9615.pdf

see - sc.judiciary.gov.ph/jurisprudence/2013/march2013/9615.pdf


"x x x.


Similarly, in Small v. Banares, 22 the respondent was suspended from the practice of law for two (2) years for failing to file a case for which the amount of P80,000.00 was given him by his client;to update the latter of the status of the case;and to return the said amount upon demand.

Likewise, in Villanueva v. Gonzales, 23 the Court meted the same punishment to the respondent lawyer for (1) having failed to serve his client with fidelity, competence and diligence; (2) refusing to account for and to return his client’s money as well as the titles over certain properties owned by the latter; and (3) failing to update his client on the status of her case and to respond to her requests for information, all in violation of the Code of Professional Responsibility.

Considering the foregoing relevant jurisprudence, the Court finds it
appropriate to adopt the recommendation of the IBP Board of Governors to
suspend Atty. Jizfrom the practice of law for two (2) years. With respect to
the amount that he should refund to Gloria, only the sum of ₱45,000.00 plus legal interest should be returned to her, considering the finding that the initial payment of ₱17,000.00 was reasonable and sufficient remuneration for the actual legal services he rendered.

The Court notes that in administrative proceedings, only substantial
evidence, i.e., that amount of relevant evidence that a reasonable mind might accept as adequate to support a conclusion, is required.24 Having carefully scrutinized the records of this case, the Court therefore finds that the standard of substantial evidence has been more than satisfied.

WHEREFORE, respondent Atty. Leonardo E. Jiz, having clearly
violated Rules 16.01 and 16.03, Canon 16 and Rule 18.03, Canon 18 of the
Code of Professional Responsibility and disobeyed lawful orders of the
Commission on Bar Discipline, is SUSPENDED from the practice of law
for two (2) years, with a stern warning that a repetition of the same or
similar acts shall be dealt with more severely. He is ORDERED to return to
complainant Gloria P. Jinon the full amount of ₱45,000.00 with legal
interest of 6% per annum from date of demand on September 22, 2004 up to the finality of this Decision and 12% per annum from its finality until paid.

x x x."