AC 8826; (March, 2015) (Digest)
G.R. No. A.C. No. 8826. March 25, 2015.
SHIRLEY OLAYTA-CAMBA, Complainant, vs. ATTY. OTILIO SY BONGON, Respondent.
FACTS
Complainant Shirley Olayta-Camba engaged the services of respondent Atty. Otilio Sy Bongon on March 1, 2000, for the purpose of titling and/or reconstituting the titles to the real estate properties of the late Bernabe Olayta in Albay. In connection with this engagement, complainant alleged she gave respondent an aggregate amount of P112,499.55, broken down into payments for legal services, certification fees, reconstitution of titles, land taxes, attorney’s fees, documentary stamps, and BIR taxes. Respondent, however, failed to update complainant on the status of the matters referred to him. Complainant terminated the engagement and demanded the return of P112,499.55, but respondent failed to comply. In his defense, respondent asserted he only received P55,000.00, claiming the rest was received by a certain Rowena Delos Reyes-Kelly who was not his employee. He also averred he had offered to return P30,000.00, claiming he earned P20,000.00 for studying the matter and drafting a Deed of Extrajudicial Partition that underwent several revisions.
ISSUE
Whether or not respondent should be held administratively liable for the acts complained of.
RULING
Yes, respondent is administratively liable. The Court found respondent guilty of violating Rules 16.01 and 16.03, Canon 16, and Rule 18.03, Canon 18 of the Code of Professional Responsibility (CPR). Respondent neglected the legal matter entrusted to him by failing to perform his undertaking regarding the titling/reconstitution and preparation of the Deed, offering excuses such as delays due to revisions and difficulty in securing heirs’ signatures. Furthermore, he violated his fiduciary duty by failing to account for and return the P55,000.00 he admitted receiving from complainant despite demands. A lawyer’s failure to return client funds upon demand is a violation of trust indicative of a lack of integrity. Considering respondent’s advanced age, medical condition (having undergone triple heart bypass surgery), and that this was his first offense, the Court imposed a mitigated penalty. Respondent Atty. Otilio Sy Bongon is SUSPENDED from the practice of law for a period of one (1) month and is ORDERED to return to complainant the amount of P55,000.00 within ninety (90) days from the finality of the resolution.