276 Supreme Court Reports Annotated: Burbe vs. Magulta
276 Supreme Court Reports Annotated: Burbe vs. Magulta
276 Supreme Court Reports Annotated: Burbe vs. Magulta
*
A.C. No. 5713. June 10, 2002.
(Formerly Adm. Case No. 99-634).
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* THIRD DIVISION.
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entrusted to him by his client and thus failed to file the complaint
promptly. The fact that the former returned the amount does not
exculpate him from his breach of duty.
Same; Same; Same; Disbarment; The power to disbar must be
exercised with great caution—only in a clear case of misconduct
that seriously affects the standing and the character of the lawyer
as an officer of the Court and member of the bar will disbarment
be imposed as a penalty.— On the other hand, we do not agree
with complainant’s plea to disbar respondent from the practice of
law. The power to disbar must be exercised with great caution.
Only in a clear case of misconduct that seriously affects the
standing and the character of the lawyer as an officer of the Court
and member of the bar will disbarment be imposed as a penalty.
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PANGANIBAN, J.:
The Case
“x x x x x x x x x
“That in connection with my business, I was introduced to Atty.
Alberto C. Magulta, sometime in September, 1998, in his office at
the Respicio, Magulta and Adan Law Offices at 21-B Otero
Building, Juan de la Cruz St., Davao City, who agreed to legally
represent me in a money claim and possible civil case against
certain parties for breach of contract;
“That consequent to such agreement, Atty. Alberto C. Magulta
prepared for me the demand letter and some other legal papers,
for which services I have accordingly paid; inasmuch, however,
that I failed to secure a settlement of the dispute, Atty. Magulta
suggested that I file the necessary complaint, which he
subsequently drafted, copy of which is attached as Annex “A”, the
filing fee whereof will require the amount of Twenty Five
Thousand Pesos (P25,000.00);
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All of these respondent did, but he was never paid for his
services by complainant.
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Main Issue:
Misappropriation of Client’s Funds
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cacy is not a capital that necessarily yields profits. The
gaining of a livelihood
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is not a professional but a secondary
consideration. Duty to public service and to the
administration of justice should be the primary
consideration of lawyers, who must subordinate their
personal interests or what they owe to themselves. The
practice of law is a noble calling in which emolument is a
byproduct, and the highest 14eminence may be attained
without making much money.
In failing to apply to the filing fee the amount given by
complainant—as evidenced by the receipt issued by the law
office of respondent—the latter also violated the ride that
lawyers must be scrupulously careful in handling 15money
entrusted to them in their professional capacity. Rule
16.01 of the Code of Professional Responsibility states that
lawyers shall hold in trust all moneys of their clients and
properties that may come into their possession.
Lawyers who convert the funds entrusted to them are in
gross violation of professional ethics and are guilty16 of
betrayal of public confidence in the legal profession. It
may be true that they have a lien upon the client’s funds,
documents and other papers that have lawfully come into
their possession; that they may retain them until their
lawful fees and disbursements have been paid; and that
they may apply such funds to the satisfaction of such fees
and disbursements. However, these considerations do not
relieve them of their duty to promptly account for the
moneys they received. Their17
failure to do so constitutes
professional misconduct. In any event, they must still
exert all effort to protect their client’s interest within the
bounds of law.
If much is demanded from an attorney, it is because the
entrusted privilege to practice law carries with it
correlative duties not only to the client but also to the
court, to the bar, and to the
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public. Respondent fell short of this standard, when he
converted into his legal fees the filing fee entrusted to him
by his client and thus failed to file the complaint promptly.
The fact that the former returned the amount does not
exculpate him from his breach of duty.
On the other hand, we do not agree with complainant’s
plea to disbar respondent from the practice of law. The
power to disbar must be exercised with great caution. Only
in a clear case of misconduct that seriously affects the
standing and the character of the lawyer as an officer of the
Court and member
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of the bar will disbarment be imposed
as a penalty.
WHEREFORE, Atty. Alberto C. Magulta is found guilty
of violating Rules 16.01 and 18.03 of the Code of
Professional Responsibility and is hereby SUSPENDED
from the practice of law for a period of one (1) year,
effective upon his receipt of this Decision. Let copies be
furnished all courts as well as the Office of the Bar
Confidant, which is instructed to include a copy in
respondent’s file.
SO ORDERED.
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