In Mariano v. Atty. Laki, the Supreme Court of the Philippines disbarred Atty. Jose N. Laki for gross misconduct, dishonesty, and willful disobedience of lawful orders. The court found that Atty. Laki failed to provide promised legal services, misappropriated client funds, and disrespected the Integrated Bar of the Philippines (IBP). This decision underscores the high ethical standards required of lawyers and the severe consequences for those who betray their clients’ trust and undermine the integrity of the legal profession.

Broken Promises: How a Lawyer’s Deceit Led to Disbarment

The case began when Kenneth R. Mariano engaged Atty. Laki to file a petition for annulment of his marriage. Atty. Laki quoted a fee of P160,000, assuring Mariano that he could secure a favorable decision through a “friendly judge” in the Tarlac RTC, even without Mariano’s personal appearance. Relying on these assurances, Mariano paid Atty. Laki P150,000 in installments. However, Atty. Laki never filed the petition, failed to provide a copy to Mariano, and avoided Mariano’s attempts to contact him. This breach of trust prompted Mariano to file a disbarment complaint against Atty. Laki for dishonesty and violations of the Code of Professional Responsibility (CPR). The Supreme Court thoroughly examined these allegations to determine the appropriate disciplinary action.

The IBP-CBD investigated the complaint, ordering Atty. Laki to submit an answer and attend mandatory conferences. Despite multiple notices, Atty. Laki repeatedly failed to comply, offering various excuses for his absences. The IBP ultimately declared him in default and submitted a report recommending his disbarment. The IBP Board of Governors adopted this recommendation, leading to the case being elevated to the Supreme Court. The Supreme Court emphasized that lawyers must adhere to the highest standards of truthfulness, fair play, and nobility.

The Court cited Canon 1, Rule 1.01 of the CPR, which states that lawyers “shall not engage in unlawful, dishonest, immoral or deceitful conduct.” This rule underscores that lawyers are guardians of the law and must be disciplined for any conduct that renders them unfit to serve as officers of the court. Furthermore, the Court highlighted the specific obligations of lawyers regarding client funds, as outlined in Canon 16, Rules 16.01, 16.02, and 16.03 of the CPR:

CANON 16 – A LAWYER SHALL HOLD IN TRUST ALL MONEY AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS POSSESSION.

Rule 16.01 — A lawyer shall account for all money or property collected or received for or from the client.

Rule 16.02 – A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him.

Rule 16.03 – A lawyer shall deliver the funds and property of his client when due or upon demand.

Atty. Laki’s actions clearly violated these duties. He failed to file the annulment petition despite receiving payment, did not account for the money, and neglected to keep his client informed. His avoidance of Mariano further demonstrated a lack of professionalism and a breach of trust. The Supreme Court noted that Atty. Laki’s failure to return the unearned fees raised a presumption of misappropriation, which is a severe violation of professional ethics.

The Court emphasized that the fiduciary relationship between a lawyer and client requires the lawyer to account for all money received. If the money is not used for its intended purpose, it must be returned promptly. Atty. Laki’s failure to do so constituted a blatant disregard of Rule 16.01 of the CPR. Adding to the gravity of the situation, Atty. Laki’s assurance of securing a favorable decision through a “friendly” judge undermined the integrity of the courts.

The Court referenced Canon 11 and Rule 11.04 of the CPR, which mandate respect for the courts and judicial officers:

Canon 11 – A lawyer shall observe and maintain the respect due to the Courts and to judicial officers and should insist on similar conduct by others.

x x x x

Rule 11.04 A lawyer shall not attribute to a Judge motives not supported by the record or have no materiality to the case.

Atty. Laki’s statements cast doubt on the impartiality of the judiciary, betraying his client’s trust and undermining public faith in the legal profession. As an officer of the court, a lawyer must uphold the dignity and authority of the courts, not promote distrust.

The Supreme Court found Atty. Laki’s misconduct aggravated by his non-chalant attitude towards the IBP proceedings. His repeated disregard of directives to file comments and attend hearings demonstrated a blatant disrespect for the IBP’s authority. This behavior was deemed conduct unbecoming a lawyer, who is expected to comply with the orders and processes of the court and its investigating arm.

In light of these serious violations, the Supreme Court imposed the ultimate penalty of disbarment, emphasizing its commitment to maintaining public trust in the legal system. The Court also ordered Atty. Laki to return the P150,000 acceptance fee to Mariano, with legal interest. This decision serves as a stern reminder that lawyers must uphold the highest ethical standards and fulfill their duties with competence, diligence, and integrity.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Jose N. Laki’s actions, including failing to file a petition for annulment, misappropriating client funds, and showing disrespect to the IBP, constituted gross misconduct warranting disbarment.
What specific violations of the Code of Professional Responsibility did Atty. Laki commit?	Atty. Laki violated Canon 1, Rule 1.01 (dishonest conduct); Canon 16, Rules 16.01, 16.02, and 16.03 (failure to account for client funds); and Canon 11 and Rule 11.04 (disrespect for the courts).
What did the IBP recommend as the penalty for Atty. Laki’s actions?	The IBP-CBD recommended that Atty. Laki be disbarred from the practice of law and ordered to return the P150,000 he received from the complainant.
How did the Supreme Court rule in this case?	The Supreme Court agreed with the IBP’s recommendation and ordered the disbarment of Atty. Laki, finding him guilty of gross misconduct and willful disobedience of lawful orders.
What was the basis for the Supreme Court’s decision to disbar Atty. Laki?	The Court based its decision on Atty. Laki’s failure to provide legal services, misappropriation of client funds, disrespect towards the IBP, and undermining the integrity of the judiciary.
What is the significance of Canon 16 of the CPR?	Canon 16 mandates that lawyers hold client funds in trust, account for all money received, keep client funds separate, and deliver funds to the client when due or upon demand.
How does Canon 11 of the CPR relate to this case?	Canon 11 requires lawyers to respect the courts and judicial officers, and Atty. Laki violated this canon by implying that court decisions could be influenced by personal connections with judges.
What additional penalties did the Supreme Court impose on Atty. Laki?	In addition to disbarment, the Court revoked Atty. Laki’s notarial commission, perpetually disqualified him from being commissioned as a notary public, and ordered him to return P150,000 to the complainant with legal interest.

The Supreme Court’s decision in Mariano v. Atty. Laki serves as a powerful deterrent against unethical conduct by lawyers. It reinforces the importance of honesty, competence, and respect for the legal profession, the courts, and the clients they serve.

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: KENNETH R. MARIANO v. ATTY. JOSE N. LAKI, A.C. No. 11978, September 25, 2018