G.R. No. A.C. No. 7075, January 21, 2020
Joselito C. Caballero, Complainant, v. Atty. Arlene G. Pilapil, Respondent.

FACTS

Complainant Joselito C. Caballero engaged the legal services of respondent Atty. Arlene G. Pilapil in June 2004 to prepare a Deed of Sale for a lot in Consolacion, Cebu, and to facilitate the transfer of title. Respondent prepared the document, which was later amended to include complainant’s two sisters as vendees. She took the original Transfer Certificate of Title (TCT) No. 64507, sketch plan, and tax declaration, and received P53,500.00 from complainant for payment of capital gains tax, real estate tax, and her legal fees. In November 2004, complainant again hired respondent for a similar transaction involving another lot in Liloan, Cebu. Respondent prepared and notarized the Deed of Sale and received P69,000.00, inclusive of her service fees, to facilitate tax payments. Respondent failed to perform her obligations, did not pay the taxes (making complainant liable for penalties), and failed to return the documents and money despite demands. Complainant sought mediation through the Lupong Tagapamayapa and the Integrated Bar of the Philippines (IBP) Cebu Chapter, but respondent did not attend scheduled conferences. In her reply to the IBP, respondent admitted receiving the money and documents but claimed she gave them to a “fixer” who disappeared. The Supreme Court repeatedly required respondent to file a Comment on the complaint, but she failed to comply, resulting in fines totaling P2,000.00, which she paid, and an additional P1,000.00 fine, which remained unpaid. Respondent also failed to provide her current address and ignored multiple court resolutions.

ISSUE

Whether respondent should be held administratively liable for violating the Code of Professional Responsibility (CPR) due to her failure to return the money given for tax payments and the documents she took from complainant, and for disregarding court orders.

RULING

Yes, respondent is administratively liable. The Supreme Court found that respondent violated Rules 16.01 and 16.03 of Canon 16, and Canon 17 of the CPR by failing to account for and return the client’s funds and property upon demand. Her failure to pay the taxes and return the documents breached the fiduciary trust inherent in the lawyer-client relationship. The Court also held that respondent violated Canon 11 by repeatedly ignoring court orders, demonstrating disrespect for judicial authority. However, the claim regarding the P69,000.00 was not substantiated by evidence. Citing similar cases (*Atty. Naraval v. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty. Atty.