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ARELLANO UNIVERSITY, INC. vs. ATTY. LEOVIGILDO H.

MIJARES III,
A.C. No. 8380, November 0, 00!, "0# SCRA "!3
$ACTS%
This disbarment case is about the need for a lawyer to account for funds
entrusted to him by his client.
Complainant Arellano University, Inc. engaged the services of respondent
Leovigildo H. i!ares III, a member of the "ar, to secure a certi#cate of title
covering a dried up portion of the $stero de %an iguel that the University
had been occupying. In its complaint for disbarment, complainant alleged
that it gave respondent all the documents the latter needed to accomplish
his wor& and was given '()),))).)) on top of his attorney*s fees,
supposedly to cover the e+penses for ,facilitation and processing.,
-espondent informed the University that he already completed 'hase I of the
titling of the property, meaning that he succeeded in getting the etro
anila .evelopment Authority /.A0 to approve it. The University
re1uested respondent for copies of the .A approval but he un!usti#ably
failed to comply despite repeated demands. 2hen he made himself scarce,
the University was prompted to withdraw all the cases it had entrusted to
him and demand the return of the '()),))).)) it gave him. The University
eventually terminated respondent*s services.
The I"' Commissioner recommended that respondent be disbarred, however
the I"' "oard of 3overnors modi#ed it to inde#nite suspension.
ISSUE% 245 respondent is guilty of misappropriating the '()),))).)) that
his client, the University, entrusted to him for use in facilitating and
processing the titling of a property that it claimed.
RULING%
The Court is not inclined to let him o6 with the penalty of inde#nite
suspension which is another way of saying he can resume his practice after a
time if he returns the money and ma&es a promise to shape up.
$very lawyer has the responsibility to protect and advance the interests of
his client such that he must promptly account for whatever money or
property his client may have entrusted to him. As a mere trustee of said
money or property, he must hold them separate from that of his own and
ma&e sure that they are used for their intended purpose. If not used, he must
return the money or property immediately to his client upon demand,
otherwise the lawyer shall be presumed to have misappropriated the same in
violation of the trust reposed on him. A lawyer*s conversion of funds
entrusted to him is a gross violation of professional ethics.

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