FACTS: The sister-in-law of Atty. Penticostes was sued for non- remittance of SSS payments. The respondent, Pros. Ibanez was given by the sister-in-law of Penticostes P1,804 as payment of her SSS contribution arrears but said respondent did not remit the amount to the system. Complainant filed with the RTC a complaint for professional misconduct against Ibanez due to the latter’s failure to remit to the SSS her contribution and for respondent’s misappropriation of the amount.
ISSUE: Whether or not respondent’s act amounted to violation of his oath as a lawyer.
HELD: Yes. Non-remittance by a public prosecutor for over one year of funds entrusted to him constitutes conduct in gross violation of Rule 1.01 of the Code of Professional Responsibility which provides that “a lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct.” Lawyers are bound to promptly account for money or property received by them on behalf of their clients and failure to do so constitutes professional misconduct.
0 comments:
Post a Comment