Barcenas vs.

Alvero, 619 SCRA 1 (2010)

FACTS: On May 7, 2004, Barcenas entrusted Atty. Alvero with

P300,000.00 to be given to a certain Amanda Gasta for the redemption of her
deceased father's rights as a tenant of a ricefield. Atty. Alvero promised to
deposit the money in court since Gasta refused to accept it. Barcenas later
discovered that Atty. Alvero did not deposit the money in court but instead
used it for his personal needs. Atty. Alvero admitted to receiving the money
and promised to return it in his letters dated August 18, 2004, and August 25,
2004. However, he failed to do so despite repeated demands.

ISSUE: Whether or not Atty. Alvero breached Rule 1.01 of Canon 1 and
Rules 16.01, 16.02 and 16.03 of Canon 16 of the Code of Professional
Responsibility.

RULING: Yes. Atty. Alvero breached 1.01 of Canon 1 and Rules 16.01,
16.02 and 16.03 of Canon 16 of the Code of Professional Responsibility.
There is a clear breach of lawyerclient relations. When a lawyer receives
money from a client for a particular purpose, the lawyer is bound to render
an accounting to the client showing that the money was spent for a particular
purpose. And if he does not use the money for the intended purpose, the
lawyer must immediately return the money to his client. These, Atty. Alvero
failed to do. He is hereby SUSPENDED for a period of 2 years from the
practice of law.