BRUNET VS GUAREN

THIRD DIVISION

[ A.C. No. 10164, March 10, 2014 ]

STEPHAN BRUNET AND VIRGINIA ROMANILLOS BRUNET, COMPLAINANTS, 

VS.

ATTY. RONALD L. GUAREN, RESPONDENT.


Facts:

Complainants alleged that  they engaged the services of Atty. Guaren for the titling of a residential lot they acquired in Bonbon, Nueva Caseres; that Atty. Guaren asked for a fee of Ten Thousand Pesos (P10,000.00) including expenses relative to its proceeding; that it was agreed that full payment of the fee shall be made after the delivery of the title; that Atty. Guaren asked for an advance fee of One Thousand Pesos (P1,000.00) which they gave; that Atty. Guaren took all the pertinent documents relative to the titling of their lot-certified true copy of the tax declaration, original copy of the deed of exchange, sketch plan, deed of donation, survey plan, and original copy of the waiver; that on March 10, 1997, Atty. Guaren asked for additional payment of Six Thousand Pesos (P6,000.00) which they dutifully gave; that from 1997 to 2001, they always reminded Atty. Guaren about the case and each time he would say that the titling was in progress; that they became bothered by the slow progress of the case so they demanded the return of the money they paid; and that respondent agreed to return the same provided that the amount of Five Thousand Pesos (P5,000.00) be deducted to answer for his professional fees.

Complainants further alleged that despite the existence of an attorney-client relationship between them, Atty. Guaren made a special appearance against them in a case pending before the Metropolitan Circuit Trial Court, Oslob, Cebu (MCTC).

Issue:

Whether or not resondent violated the code of professional responsibility

Ruling:

The practice of law is not a business. It is a profession in which duty to public service, not money, is the primary consideration. Lawyering is not primarily meant to be a money-making venture, and law advocacy is not a capital that necessarily yields profits. The gaining of a livelihood should be a secondary consideration. The duty to public service and to the administration of justice should be the primary consideration of lawyers, who must subordinate their personal interests or what they owe to themselves.

Canons 17 and 18 of the Code of Professional Responsibility provides that:

CANON 17 - A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him.

CANON 18 – A lawyer shall serve his client with competence and diligence.

In the present case, Atty. Guaren admitted that he accepted the amount of P7,000.00 as partial payment of his acceptance fee. He, however, failed to perform his obligation to file the case for the titling of complainants’ lot despite the lapse of 5 years. Atty. Guaren breached his duty to serve his client with competence and diligence when he neglected a legal matter entrusted to him.

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