MARY D. MALECDAN, Complainant, vs. ATTY. PERCIVAL L. PEKAS and ATTY.

MATTHEW
P. KOLLIN, Respondents.
A.C. No. 5830 January 26, 2004
CALLEJO, SR., J.

Facts:
Atty Pekas and Kollin substituted Atty. Bustamante as a counsels for the Fanged Spouses.
Petitioner Malecdan bought a parcel of land located in Baguio City from the Fanged spouses.
The money was received by Eliza Fanged and deposited in the account of Atty. Artemio
Bustamante, then counsel for the latter. The complainant later found out, however, that the said
lot was the subject of a controversy between the former owners and the Fanged Spouses. Then
Kollin replaced Bustamante. He filed for a petition for rescission over the contract of sale,
without returning the amount of money to Malecdan. While Malecdan was in the US, the Fanged
spouses, Atty Bustamante and the PCIB (bank) signed a compromised contract, and Malecdan
was not made a signatory to such contract. They caused the transfer of P30K from the account
of Bustamante to a separate account for Kollin and Pekas as attorney’s fees. Now, Malecdan
files a case for disbarment against Kollin and Pekas, because not only was she prejudiced from
such withdrawal of money, but they also committed acts against the IBP in
contravention/violation to the lawyer’s oath that they shall uphold the laws of the land.

Issue:
WON Kollin and Pekas should be suspended?

Held:
Yes, Kollin and Pekas should be suspended. Pekas was suspended for 6 months and Kollin for
3 years.
It is a settled principle that the compensation of a lawyer should be but a mere incident of the
practice of law, the primary purpose of which is to render public service. The practice of law is a
profession and not a money-making trade. The process of imbibing ethical standards can begin
with the simple act of openness and candor in dealing with clients, which would progress
thereafter towards the ideal that a lawyer’s vocation is not synonymous with an ordinary
business proposition but a serious matter of public interest.