"x x x.
MANILA, Philippines - The Supreme Court (SC) has suspended a lawyer for three years for failing to pay P2.5 million he borrowed from his client.
In a statement issued yesterday, the SC upheld the findings of the Integrated Bar of the Philippines (IBP) that Elmer dela Rosa violated the Code of Professional Responsibility.
The ruling was penned by Justice Estela Perlas-Bernabe.
However, the SC dismissed the IBP’s recommendation for Dela Rosa to return the P2.5 million to complainants Henry Concepcion and his wife, Blessilda, because it was no longer covered by the administrative case.
The High Court said it was only concerned with “the determination of the respondent’s administrative liability; it should not involve his civil liability for money received from his client in a transaction separate, distinct, and not intrinsically linked to his professional engagement.”
Court records show that Dela Rosa knew his clients had P2.5 million intact from a failed business venture and on March 23, 2006, he asked Henry to loan him the money, which he promised to return with interest after five days.
The couple issued three checks to cover the amount. Dela Rosa failed to return the money.
Dela Rosa claimed the real debtor was his other client, Jean Charles Nault.
The SC, however, cited the IBP report stating that the checks were issued in Dela Rosa’s name and he personally received and encashed them.
“In unduly borrowing money from the complainants and by blatantly refusing to pay the same, respondent abused the trust and confidence reposed in him by his clients, and, in so doing, failed to uphold the integrity and dignity of the legal profession,” the SC added.
x x x."
