AC 503; (October, 1965) (Digest)
G.R. No. A.C. No. 503 October 29, 1965
Maria Cristina Manaloto, petitioner, vs. Sixto L. Reyes, respondent.
FACTS
Respondent Sixto L. Reyes, a member of the Philippine Bar, was legal counsel for the Manaloto family in several cases from October 1960 to July 1961. The family allegedly paid him not less than P1,000.00, but he admits receiving only P590.00 and two sacks of rice. On October 13, 1961, Maria Cristina Manaloto instituted disbarment proceedings against Reyes for abandonment of cases and conversion of money. The charges were: (1) “Abandonment” for failing to attend hearings on July 18, 1961, in two criminal cases and for not formally withdrawing his appearance after being replaced by another lawyer, Atty. Vicente Fernando, to whom he delivered the case papers. (2) “Conversion” for receiving P500.00 from the Manaloto family on January 31, 1961, to file an action to stop an auction sale of their property, but he neither filed the action nor paid the money to the court, and the sale proceeded. He also received P30.00 for a loan application filing fee with the Development Bank of the Philippines but did not file the application or pay the fee. Respondent denied receiving both amounts.
ISSUE
Whether respondent Sixto L. Reyes is guilty of abandonment of his client’s cases and conversion of funds entrusted to him, constituting malpractice warranting disciplinary action.
RULING
The Court found respondent NOT GUILTY of abandonment but GUILTY of conversion, constituting malpractice. On abandonment, the Court ruled that respondent did not retire from the cases; he was dismissed and substituted by the client. His proposal for another lawyer to handle the hearings showed continued interest, and the client herself postponed the hearings. On conversion, the Court found the positive testimony of petitioner and her sister credible against respondent’s denial. The failure to return the P500.00 and P30.00, which were given for specific purposes that respondent did not fulfill, created a presumption that he appropriated the funds for his own use, violating the trust of his client. Respondent Sixto L. Reyes is suspended from the practice of law for one year and ordered to return P530.00 to petitioner within 30 days.