Pr 3633; (August, 1935) (Digest)
G.R. No. L-3633. August 17, 1935.
MAXIMA T. VIUDA DE VELOSO, complainant, vs. CASIMIRO V. MADARANG, respondent.
FACTS
Complainant Maxima T. Viuda de Veloso filed a disbarment complaint against respondent attorney Casimiro V. Madarang for malpractice. The charges were: (1) illegal retention of P77 she gave him to pay installments on a piano to Lyric Music House; (2) advising her to fictitiously transfer properties to avoid future attachment; and (3) delivering notarized blank sheets for Vicenta Lucero to sign and refusing to return them all. The respondent, as complainant’s attorney, attempted to pay the creditor but failed because the creditor insisted on additional interest and fees. He then retained the P77 as payment for his professional services. Regarding the blank sheets, he admitted delivering them but denied refusing to return all, alleging some signatures were forged.
ISSUE
Whether respondent attorney should be disbarred or disciplined for the acts alleged in the complaint.
RULING
The Court exonerated the respondent from the charges of malpractice but reprimanded him for unprofessional conduct. On the first charge, while his retention of the P77 was not fully justified, he acted in good faith believing he was entitled to compensation for services rendered. He was ordered to return the P77 within ten days, with suspension from practice as a penalty for non-compliance. The second charge was not sufficiently proven. The third charge was not clearly proven, but the act of delivering notarized blank sheets was deemed censurable for a notary public and attorney. The respondent was reprimanded for this conduct.
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