Legal Profession

2nd semester, A.Y.

2014-2015

Barnachea v. Quiocho
A.C. No. 5925
Ponente: Callejo, Sr.
Date: March 11, 2003
Petitioner: Ruby Mae Barnachea
Respondent: Atty. Edwin T. Quiocho
FACTS:
Respondent had not been in private practice for quite some time. However in 2001, he decided to revive his legal practice. Complainant
engaged the services of respondent to cause the transfer under her name the title over a property previously owned by her sister.
Complainant issued two checks (P41, 280) in favor of respondent for the expenses for said transfer and in payment for respondents legal
services. However, after two months, the respondent failed to secure title over the property in favor of complainant. The latter demanded
that her money and documents be returned. Respondent failed to comply with the demand. Respondent sent a letter to complainant
stating that he will return the complainants money. A postdated check was given to the complainant. Respondent told complainant that he
needed more time to fund the check. However, respondent failed to fund the check.
Defense of the respondent:
The checks were to cover actual and incidental expenses
He acted in good faith. Failure to transfer was due to infliction with diabetes and consequent loss of sight of his right eye.
He offered to complainant services which a non-lawyer familiar with the procedure and the related offices can perform and
provide to the complainant with respect to the transfer of the title of the property in her name (Note that respondent was also a
license real estate and insurance broker)
Original copy of the transfer of certificate title was destroyed in a fire in Quezon City Hall. Complainants copy still needs to be
reconstituted before it can be transferred.
IBP Findings:
Respondent acted in good faith. He was not able to meet financial obligations due to his financial difficulties
Ordered to repay client P41, 280
Warning
ISSUE1: WON respondent and complainant has an attorney-client relationship. YES.
HELD/RATIO1: Complainant engaged the legal services of the respondent. As admitted in his letter to complainant, respondent has just
resumed his private practice of law two months before complainant contracted his services for the notarization of the Deed of Absolute
Sale, its registration and the transfer of title of property to the complainant.
ISSUE2: WON respondent should be meted with disciplinary sanction for violation of professional ethics by misappropriation of clients
money. YES.
HELD/RATIO2:
The Court believed that respondents failure to cause the transfer of title was due to his own financial difficulties. It can be inferred from
respondents letter that he used complainants money to alleviate if not solve his financial woes. What compounded his unethical conduct
was his drawing of a personal check without sufficient funds in his bank account.

A lawyer is obliged to hold in trust money or property of his client that may come to his possession. He is a trustee to said
funds and property. The lawyers failure to return the money of his client upon demand give rise to presumption that he has
misappropriated the money. The conversion by a lawyer of funds entrusted to him by his client is a gross violation of professional ethics
and a betrayal of public confidence in the legal profession.
Batac, Endaya, Lingat, Santos, Saturnino, Villafuerte, Yee

Legal Profession
2nd semester, A.Y.
2014-2015

The relationship of attorney and client is highly fiduciary in nature and is of a very delicate, exacting and confidential character.
The profession demands an attorney an absolute abdication of every personal advantage conflicting in any way, directly or indirectly, with
the interest of his client.

DISPO: SUSPENDED from the practice of law for ONE YEAR.

Batac, Endaya, Lingat, Santos, Saturnino, Villafuerte, Yee