Busińos v Ricafort

A.C. No. 4349 December 22, 1997

Facts: Respondent Atty. Ricafort was the counsel of records of herein complainant in a civil case
wherein he was appointed to be the true and lawful attorney-in-fact of complainant to represent, testify
and collect the sum of money from the court. Respondent received the amount from the court and Oas
Standard High School which was entrusted to him by herein complainant to deposit the same to the
bank account of complainant’s husband. However, instead of depositing the money, herein respondent
used the same for his personal use and despite of several demands of complainant, he failed to return
the money which forced complainant to file a criminal case, administrative case and disbarment case
against him. Complainant further accused him for demanding and receiving Php 2,000.00 which he said
will be used for the bond in civil case which was never really required in the said case. The court issued
several resolutions against respondent but he did not comply. The court decided that he deemed to
have waived his right to file his comment. On the third hearing of the estafa case against respondent, he
came to the court with the money and paid complainant which made her not to pursue with the esafa
case but did not withdraw the instant complaint.

Issue: Whether or not Atty. Ricafort violated his lawyer’s oath.

Held: Yes. A lawyer, under his oath, pledges himself not to delay any man for money or malice and is
bound to conduct himself with all good fidelity to his clients and is obligated to report promptly the
money of his clients that has come into his possession. He should not commingle it with his private
property or use it for his personal purposes without his client's consent. He should maintain a reputation
for honesty and fidelity. Money collected by a lawyer in pursuance of a judgment in favor of his clients is
held in trust and must be immediately turned over to them. The trust and confidence necessarily
reposed by clients require in the attorney a high standard and appreciation of his duty to his client, his
profession, the courts and the public. The Court then resolved to disbar Atty. Ricafort from the practice
of law