NENITA D. SANCHEZ V. ATTY. ROMEO AGUILOS / A.C.

10543 / March 16, 2016

FACTS
Sanchez sought the legal services of Atty. Aguilos to represent her in the annulment of her
marriage with her estranged husband, that he accepted the engagement, fixing his fee at
P150,000.00, plus the appearance fee of P5,000.00/hearing. She then gave to him the initial
amount of P90,000.00. She had only learned then that what he had contemplated to file for her
was a petition for legal separation, not one for the annulment of her marriage, and that she
subsequently withdrew the case from him, and requested the refund of the amounts already
paid. Atty. Aguilos refused to do the same as he had already started working on the case.
Sanchez had sent him a letter, through Atty. Isidro S.C. Martinez, to demand the return of her
payment less whatever amount corresponded to the legal services he had already performed
and that his constant refusal to return the amounts prompted her to bring an administrative
complaint against him in the IBP.

ISSUE
Whether or not Atty. Aguilos should be held liable for violating the Code of Professional
Responsibility

RULING
Yes. Clearly, the respondent misrepresented his professional competence and skill to the
complainant. He did not know the distinction between the grounds for legal separation and for
annulment of marriage. The attorney who fails to accomplish the tasks he should naturally and
expectedly perform during his professional engagement does not discharge his professional
responsibility and ethical duty toward his client. The respondent was thus guilty of misconduct,
and may be sanctioned according to the degree of the misconduct. In maintaining the integrity
and dignity of the legal profession, a lawyer’s language — spoken or in his pleadings — must be
dignified. The attorney who fails to accomplish the tasks he should naturally and expectedly
perform during his professional engagement does not discharge his professional responsibility
and ethical duty toward his client. The respondent was thus guilty of misconduct, and may be
sanctioned according to the degree of the misconduct. Atty. Aguilos was sent a stern warning
and was ordered to return complainant’s payment