In the Philippines, lawyers have a strict duty to act with fidelity and competence toward their clients. The Supreme Court has emphasized that funds or property entrusted to a lawyer are held in trust and cannot be used for personal gain. In Consorcia S. Rollon v. Atty. Camilo Naraval, the Supreme Court underscored these principles by suspending a lawyer who neglected a client’s case, failed to return entrusted funds, and did not provide honest advice. This decision reinforces the high ethical standards expected of legal professionals, ensuring they prioritize their clients’ interests and maintain the integrity of the legal profession.

When Silence Speaks Volumes: An Attorney’s Broken Promise

The case began when Consorcia S. Rollon sought legal assistance from Atty. Camilo Naraval for a collection case filed against her. Rollon paid Atty. Naraval P8,000 for filing and service fees, evidenced by an official receipt. Despite repeated follow-ups, Atty. Naraval failed to take any action on her case. Eventually, Rollon requested the return of her money and documents, but Atty. Naraval failed to comply, claiming he had no money and that the documents were at his house. Rollon then filed a complaint with the Integrated Bar of the Philippines (IBP).

The IBP Commission on Bar Discipline (CBD) directed Atty. Naraval to respond to the complaint, but he failed to do so. Consequently, the CBD proceeded with an ex parte investigation. The Investigating Commissioner recommended Atty. Naraval’s suspension for one year, citing neglect of duty and violations of Canons 15 and 18 of the Code of Professional Responsibility. The IBP Board of Governors upheld this recommendation, increasing the suspension to two years and ordering the restitution of Rollon’s P8,000.

The Supreme Court agreed with the IBP’s findings, emphasizing the duties of a lawyer once an attorney-client relationship is established. The Court noted that while lawyers are not obligated to accept every case, once they do, they must handle it with zeal, care, and utmost devotion. Acceptance of money from a client creates a duty of fidelity. As the Supreme Court has stated, “Every case accepted by a lawyer deserves full attention, diligence, skill and competence, regardless of importance.”

In this case, Atty. Naraval’s failure to act, despite receiving payment, constituted a clear breach of his professional responsibilities. Canon 17 of the Code of Professional Responsibility explicitly states: “A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him.” Additionally, Canon 18 mandates that “A lawyer shall serve his client with competence and diligence.” The Court found Atty. Naraval in violation of these canons, highlighting his indifference to his client’s cause and his failure to return her case files and money.

Furthermore, Atty. Naraval failed to provide Rollon with an honest assessment of her case. As the Court noted, the civil suit against Rollon had already been decided, and the judgment had become final and executory. By withholding this information and demanding payment for services, he led her to believe her case would be acted upon. Rule 15.05 of the Code of Professional Responsibility requires lawyers to provide candid opinions to their clients regarding the merits of their cases. The Supreme Court stated, “Knowing whether a case would have some prospect of success is not only a function, but also an obligation on the part of lawyers.” Atty. Naraval’s failure to do so constituted a violation of his duty to observe candor, fairness, and loyalty.

Moreover, Atty. Naraval’s refusal to return Rollon’s money despite repeated demands indicated a lack of integrity and moral soundness. Lawyers are considered trustees of their clients’ money and property. Canon 16 of the Code of Professional Responsibility states this explicitly. Since Atty. Naraval performed no services, the amount Rollon paid him should have been returned. His failure to do so suggested he converted the money for his own use, betraying the trust reposed in him. As the Court emphasized, “Lawyers are deemed to hold in trust their client’s money and  property that may come into their possession.” This behavior constitutes a gross violation of professional ethics and undermines public confidence in the legal profession.

The Supreme Court underscored that lawyers must respect the law and legal processes and maintain fidelity and good faith in handling clients’ money. Atty. Naraval’s misconduct diminished public confidence in the legal profession’s integrity. Thus, the Court found Atty. Camilo Naraval guilty of violating Rule 15.05 and Canons 16, 17, and 18 of the Code of Professional Responsibility. He was suspended from the practice of law for two years and ordered to restitute Rollon’s P8,000 with interest.

FAQs

What was the main issue in this case?	The main issue was whether Atty. Naraval violated the Code of Professional Responsibility by neglecting his client’s case, failing to return her money and documents, and not providing her with a candid assessment of her legal situation.
What are the key duties of a lawyer to their client?	Lawyers owe their clients fidelity, competence, and diligence. They must handle cases with zeal and care, provide honest opinions, and protect their client’s interests.
What is a lawyer’s responsibility regarding client funds?	Lawyers hold client funds in trust and must not use them for personal gain. They must return any unearned fees or funds upon demand.
What is the significance of Canon 17 of the Code of Professional Responsibility?	Canon 17 emphasizes the lawyer’s duty of fidelity to the client, requiring them to be mindful of the trust and confidence placed in them.
What is the significance of Canon 18 of the Code of Professional Responsibility?	Canon 18 requires lawyers to serve their clients with competence and diligence, ensuring they do not neglect legal matters entrusted to them.
What does Rule 15.05 of the Code of Professional Responsibility require?	Rule 15.05 mandates that lawyers give their clients candid and honest opinions on the merits of their case, neither overstating nor understating their evaluation.
What was the penalty imposed on Atty. Naraval?	Atty. Naraval was suspended from the practice of law for two years and ordered to restitute Rollon’s P8,000 with interest.
What happens if a lawyer fails to respond to IBP inquiries?	If a lawyer fails to respond to inquiries from the IBP, the investigation can proceed ex parte, meaning without the lawyer’s participation.

The Rollon v. Naraval case serves as a reminder of the ethical responsibilities of lawyers in the Philippines. The Supreme Court’s decision emphasizes the importance of fidelity, competence, and honesty in the legal profession. Lawyers must uphold these standards to maintain public trust and ensure the fair administration of justice.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Consorcia S. Rollon, vs. Atty. Camilo Naraval, A.C. NO. 6424, March 04, 2005