Segovia-Ribaya v. Lawsin

Facts:

Azucena Segovia-Ribaya and Atty. Bartolome Lawsin entered into a retainership agreement for the processing of registration and delivery of the certificate of title over a certain parcel of land. Respondent acted as the representative of Heirs of the late Isabel Segovia and received P15,000 for litigation and P39,000 for land registration expenses. In the lapse of 3 years, it was alleged that respondent failed to fulfill his undertaking to register the subject land and deliver to complainant the certificate of the title over the same. Complainant decided to withdraw the subject amount and sent 2 demand letters but all to no avail. Respondent asserted that the complainant’s brother, Erlindo, asked to be reimbursed the amount of P7,500.00 which the latter purportedly paid to the land surveyor. He also found out that he could not perform his undertaking under the retainer because the ownership of the subject land was still under litigation. He also wanted to return the balance of the subject amount but it was prevented because the complainant shouted and called him names in the presence of his staff in his office.

Issue:
Whether or not the respondent should be held administratively liable for violating Rules 16.01 and 16.03, Canon 16 of the Code.

Held:
The Supreme Court affirms with the findings of IBP that respondent is administratively liable but extends IBP’s recommendation from 6 months to a year of suspension due to his failure to comply with Rules 18.03 and 18.04, Canon 18 of the Code. Respondent did not only accomplish his undertaking under the retainer, but likewise failed to give an explanation for such non-performance despite the length of time given for him to do so.