FACTS:
This refers to the complaint
filed by Teodolfo Reyes against Atty. Rolando Javier with the
Integrated Bar of the Philippines on March 17, 1999 for
negligence and deceit in handling his case.
Respondent was the legal counsel
of the complainant for the annulment of his marriage to his wife. It was
agreed that the petition for annulment shall be filed in March,
1998. Sometime in April, 1998, complainant inquired from the
respondent if the petition has already been filed in
court. Respondent answered in the affirmative but no copy of the
petition was furnished to the complainant. Every time the
complainant asked for a copy of the petition, respondent gave him excuses,
i.e., his secretary was absent; copy of the petition will just be sent to him
through a friend; complainant need not worry about the case. He was
assured that the case will be over after three (3) months from its
filing. In May, 1998, complainant made another follow-up with the
respondent but he was asked to wait until after the May 14 Elections as
respondent was busy campaigning for a candidate then.
In a Report dated April 26,
2000, the IBP Commission on Bar Discipline found the respondent guilty of the
charges filed against him by complainant. The Commission also noted
his deliberate disregard of the orders of the Commission as respondent did not
file his answer to the complaint nor appeared for the hearing despite receipt
of the notices. It was recommended that Atty. Rolando Javier be
suspended for a period of one year.
ISSUE: Whether or not the
respondent may be suspended.
HELD: YES.
We cannot overstress the duty of
a lawyer to at all times uphold the integrity and dignity of the legal
profession. He can do this by faithfully performing his duties to
society, to the bar, to the courts and to his clients.
We fault respondent for deceiving
his client that he has already filed the petition in the annulment case when in
fact, the petition was filed on later date. For his neglect in
handling the case, he promised to return half of the amount he was paid for but
never did. Such misconduct clearly betrays the confidence reposed in
him by his client. Respondent has dismally failed to do his duty to
his client and has clearly violated the Code of Professional
Responsibility. The Court can not tolerate any misconduct that tends
to besmirch the fair name of an honorable profession.
WHEREFORE, respondent Atty.
Rolando Javier is hereby SUSPENDED for one (1) year from the practice of law
with a warning that a repetition of the same or similar act will be dealt with
more severely. He is also directed to restitute to the
complainant, Teodolfo Reyes the sum of ten thousand pesos
(P10,000.00) from notice, otherwise he shall remain under suspension until he
paid the complainant the amount. He shall submit to the Court proof
of payment of the above-stated amount within ten (10) days from payment.
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