AC 13982; (July, 2024) (Digest)
G.R. No. A.C. No. 13982 (Formerly CBD Case No. 19-5970), July 17, 2024
Myrna Gomez Stewart, Complainant, vs. Atty. Crisaldo R. Rioflorido, Respondent.
FACTS
Complainant Myrna Gomez Stewart engaged the services of respondent Atty. Crisaldo R. Rioflorido to handle criminal cases (violation of R.A. No. 9262 and concubinage) she filed against her husband. An Engagement Agreement was signed on April 12, 2018. Stewart paid Atty. Rioflorido a total of PHP 130,000.00 (PHP 100,000.00 pursuant to the agreement and an additional PHP 30,000.00). She also handed over all pertinent case documents. After initial contact, Atty. Rioflorido became unresponsive to Stewart’s repeated text messages and emails requesting case updates. Despite her subsequent demands for a refund and the return of her documents, Atty. Rioflorido failed to comply and ceased communication. Stewart filed a complaint before the Integrated Bar of the Philippines (IBP) Commission on Bar Discipline, alleging violations of the Code of Professional Responsibility.
ISSUE
Whether Atty. Crisaldo R. Rioflorido is administratively liable for violating his professional duties as a lawyer.
RULING
Yes, Atty. Rioflorido is administratively liable. The Court found that he violated his duties under the Code of Professional Responsibility and Accountability (CPRA), specifically:
1. Neglect of Duty and Failure to Keep the Client Informed: He failed to act with diligence on the legal matter entrusted to him and did not regularly inform the client of the case status, in violation of Canon IV, Sections 3 and 6 of the CPRA.
2. Failure to Account for and Return Client’s Funds and Property: He unjustifiably failed to render an accounting and return the unearned fees and case documents upon demand, which constitutes a less serious offense under the CPRA. His continued failure to account for and return the funds amounts to misappropriation, a serious offense.
The Court modified the IBP Board of Governors’ recommendation. Atty. Rioflorido is SUSPENDED from the practice of law for TWO (2) YEARS. He is ORDERED to return to complainant the amount of PHP 130,000.00, with legal interest of 6% per annum from the finality of this decision until full payment, and to return all documents pertaining to her cases. He is warned that a repetition of the same or similar offense will be dealt with more severely.