A.C. No. 5315 – 393 Phil. 188 – Legal Ethics – Duties of a lawyer – The Lawyer and his client – Misappropriation of Client’s Funds
In 1997, Modesto Cunanan’s son, Andrew Philip Cunanan, died in the United States. Modesto, an American, needed to settle his immigration case with the Bureau of Immigration and Deportation before he may be allowed to fly to the USA to take care of his son’s funeral. Modesto hired the services of Atty. Rex Rimorin. Modesto’s son’s death in the USA was sensational and ABS-CBN offered Php200,000.00 to Modesto for an exclusive interview. Modesto agreed as he needed money to fly to the USA.
However, it was Rimorin who received the money for Modesto. Rimorin received a total of Php200,000.00 from ABS-CBN. He was only able to deliver Php30,000.00 to Modesto and could not account for the rest. Modesto then sued Rimorin for estafa and for disbarment. His estafa case was dismissed.
ISSUE: Whether or not Rimorin should be disciplined.
HELD: Yes. During the pendency of this administrative case, Rimorin failed to make an accounting which shows his lack of interest to return Modesto’s money.
The highly fiduciary and confidential relation of attorney and client require that Rimorin should promptly account for the said funds which he received and held for the benefit of Modesto. That is because those funds properly belong to the client. The client has the right to know how the funds were applied, used or disbursed by his counsel. A lawyer should always keep in mind the welfare and interest of his client.
Rimorin was suspended for one year.
