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Dolores C. Belleza, complainant, VS.

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Atty. Alan S. Macasa, respondent
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A.C. No. 7815, July 23, 2009
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Canons 17, 18 & 19
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  CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT
AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE

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REPOSED IN HIM.

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 CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE
AND DILIGENCE.

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Rule 18.03 - A lawyer shall not neglect a legal matter entrusted
to him, and his negligence in connection therewith shall render

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him liable.

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 CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL

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WITHIN THE BOUNDS OF THE LAW.
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 FACTS:
 This case is about the complaint for disbarment filed by complainant
Dolores C. Belleza against respondent Atty. Alan S. Macasa for

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unprofessional and unethical conduct in connection with the handling of a
criminal case involving complainant's son.

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 On November 10, 2004, complainant went to see respondent on referral of

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their mutual friend, Joe Chua. Complainant wanted to avail of respondent's

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legal services in connection with the case of her son, Francis John Belleza,
who was arrested by policemen of Bacolod City earlier that day for alleged

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violation of R.A. 9165 or the Comprehensive Dangerous Drugs Act of 2002.

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Respondent agreed to handle the case for P30,000. The following day,
complainant made a partial payment of P15,000 to respondent thru their

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mutual friend Chua.
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 On November 17, 2004, she gave him an additional P10,000. She paid the
P5,000 balance on November 18, 2004. Both payments were also made
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thru Chua. On all three occasions, respondent did not issue any receipt.
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  On November 21, 2004, respondent received P18,000 from complainant for
the purpose of posting a bond to secure the provisional liberty of her son.

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Again, respondent did not issue any receipt. When complainant went to

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the court the next day, she found out that respondent did not remit the

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amount to the court.

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 Complainant demanded the return of the P18,000 from respondent on

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several occasions but respondent ignored her. Moreover, respondent failed
to act on the case of complainant's son and complainant was forced to

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avail of the services of the Public Attorney's Office for her son's defense.

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 ISSUE:
 Whether or not respondent is guilty of professional misconduct for
prejudicing Francis John Belleza's right to counsel and to bail, and for

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violating Canons 17, 18 and 19.

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 RULING:
 A lawyer who fails to abide by the Canons and Rules of the Code of
Professional Responsibility disrespects the said Code and everything that it

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stands for. In so doing, he disregards the ethics and disgraces the dignity of

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the legal profession.

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 Lawyers should always live up to the ethical standards of the legal
profession as embodied in the Code of Professional Responsibility. Public

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confidence in law and in lawyers may be eroded by the irresponsible and

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improper conduct of a member of the bar. Thus, every lawyer should act
and comport himself in a manner that would promote public confidence in

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the integrity of the legal profession.

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 Respondent was undeserving of the trust reposed in him. Instead of using
the money for the bond of the complainant's son, he pocketed it. He failed

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to observe candor, fairness and loyalty in his dealings with his client. He
failed to live up to his fiduciary duties. By keeping the money for himself
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despite his undertaking that he would facilitate the release of
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complainant's son, respondent showed lack of moral principles. His

transgression showed him to be a swindler, a deceitful person and a shame
to the legal profession.
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  WHEREFORE, respondent Atty. Alan S. Macasa is hereby found GUILTY not
only of dishonesty but also of professional misconduct for prejudicing

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Francis John Belleza's right to counsel and to bail under Sections 13 and

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14(2), Article III of the Constitution, and for violating Canons 1, 7, 17, 18 and

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19 and Rules 12.03, 16.01, 16.02, 16.03 and 18.03 of the Code of Professional
Responsibility. He is therefore DISBARRED from the practice of law effective

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immediately.

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 Respondent is hereby ORDERED to return to complainant Dolores C. Belleza

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the amounts of P30,000 and P18,000 with interest at 12% per annum from
the date of promulgation of this decision until full payment. Respondent is

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further DIRECTED to submit to the Court proof of payment of the amount

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within ten days from payment. Failure to do so will subject him to criminal
prosecution. co rc
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