Businos v Ricarfort

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