G.R. No. L-19160 March 17, 1922
IN RE: ATTORNEY EUSEBIO TIONKO

FACTS

Attorney Eusebio Tionko was charged with professional misconduct before the Court of First Instance of Surigao. The charges stemmed from a complaint by his former clients, Gertrudes Alvarado and Numeriano Casion. The trial judge, after a hearing, issued an order suspending Tionko from the practice of law until further order of the Supreme Court. The charges were: (1) neglect of his clients’ interests, and (2) failure to turn over advanced fees to the new attorney and deceit in dating a receipt. The Supreme Court reviewed the case under Sections 22 and 23 of the Code of Civil Procedure.

ISSUE

Whether Attorney Eusebio Tionko should be disciplined for professional misconduct based on the charges of neglecting his clients’ interests and deceit regarding the turnover of fees.

RULING

The Supreme Court found the first charge (neglect of clients’ interests) to be proved, but the second charge (failure to turn over fees and deceit) not proved. Regarding the first charge, Tionko agreed in May 1918 to handle the land registration for his clients and received fees. Despite repeated letters from his clients in July 1919, February 1920, and March 1920 inquiring about the case and later dismissing him, Tionko failed to respond. Although he had taken some steps with the Bureau of Lands to obtain plans, his complacency in waiting nearly two years and his failure to communicate with his clients constituted a violation of his duty of entire devotion and zeal to their interests. The Court held that while no actual prejudice resulted due to fortunate circumstances and new counsel, his negligence warranted discipline. On the second charge, the Court found the evidence insufficient, giving weight to the receipt bearing the date claimed by Tionko. The Court noted the presumption of innocence in disbarment cases. Considering that Tionko had already been suspended for nearly five months, the Court deemed this period sufficient and ordered his reinstatement as a member of the bar.