AC 5359; (March, 2014) (Digest)
G.R. No. A.C. No. 5359 March 10, 2014
ERMELINDA LAD VDA. DE DOMINGUEZ, represented by her Attorney-in-Fact, VICENTE A. PICHON, Complainant, vs. ATTY. ARNULFO M. AGLERON, SR., Respondent.
FACTS
Complainant Ermelinda Lad Vda. De Dominguez, widow of Felipe Dominguez who died in a vehicular accident involving a dump truck owned by the Municipality of Caraga, engaged the legal services of respondent Atty. Arnulfo M. Agleron, Sr. to file charges against the municipality. On three occasions in 1996, Atty. Agleron requested and received from complainant a total of ₱10,050.00 for payment of filing fees and sheriff’s fees. After four years, no complaint was filed. Atty. Agleron admitted receiving the money and engaging in the agreement but explained that the complaint could not be filed because complainant failed to pay the full filing fee and the 30% of the agreed attorney’s fee of ₱100,000.00. He claimed the amount received was deposited in a bank. Complainant denied not giving full payment for the filing fee, asserting the required fee was only ₱7,836.60 at that time.
ISSUE
Whether or not respondent Atty. Arnulfo M. Agleron, Sr. violated the Code of Professional Responsibility for neglecting a legal matter entrusted to him.
RULING
Yes, the Supreme Court found respondent Atty. Agleron liable for violating Rule 18.03 of the Code of Professional Responsibility, which states that a lawyer shall not neglect a legal matter entrusted to him. The Court held that once a lawyer accepts a client’s cause, he is duty-bound to serve with competence and diligence, and owes fidelity to that cause. Atty. Agleron’s failure to file the complaint, attributing it to the non-payment of fees, was not a valid excuse. He should have communicated with his client about any insufficiency and found a way to proceed, demonstrating a lack of professionalism and competence. The Court modified the Integrated Bar of the Philippines Board of Governors’ recommendation, suspending Atty. Agleron from the practice of law for a period of THREE (3) MONTHS, with a stern warning against repetition.