AC 6424; (March, 2005) (Digest)
A.C. No. 6424; March 4, 2005
Consorcia S. Rollon, Complainant, vs. Atty. Camilo Naraval, Respondent.
FACTS
Complainant Consorcia S. Rollon engaged the services of Atty. Camilo Naraval in October 2000 for a collection case filed against her. She paid him Php 8,000 as a filing and partial service fee. Despite several follow-ups by her son, respondent failed to take any action on the case. A year later, complainant decided to withdraw the amount and retrieve her documents due to this inaction.
Respondent, however, failed to return the money, stating he had none, and also failed to return the case documents, claiming they were at his house. The complaint was filed with the IBP Commission on Bar Discipline. Respondent, despite receiving orders to answer, ignored the proceedings, leading to an ex parte investigation.
ISSUE
Whether respondent Atty. Camilo Naraval is administratively liable for professional misconduct.
RULING
Yes, respondent is administratively liable. The Supreme Court affirmed the IBP Board of Governors’ recommendation. Acceptance of the fee established an attorney-client relationship, imposing upon respondent the duties of fidelity, competence, and diligence under Canons 17 and 18 of the Code of Professional Responsibility. His complete failure to perform any legal service, coupled with his refusal to return the client’s money and documents upon demand, constitutes gross negligence and abandonment of a legal matter entrusted to him.
The Court emphasized that a lawyer’s failure to return upon demand funds held for a client, which should be held in trust, is a serious violation warranting severe discipline. It is a betrayal of trust that undermines public confidence in the legal profession. Respondent’s disregard of the IBP’s lawful orders to answer the complaint further demonstrated a lack of respect for legal processes.
Accordingly, the Court suspended Atty. Camilo Naraval from the practice of law for two (2) years. He was also ordered to restitute the Php 8,000 to complainant, with 6% annual interest from October 18, 2000, until fully paid.