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7.andrada vs. Cera AC No 10187, July 22, 2015
7.andrada vs. Cera AC No 10187, July 22, 2015
MORALDE
FACTS:
A complaint was filed by Andrada (complainant) against Cera (respondent) for allegedly engaging
in unlawful, dishonest, immoral, and deceitful conduct in violation of the Lawyer’s Code of Professional
Responsibility.
The IBP found that the respondent had engaged in unlawful, dishonest, immoral and deceitful
conduct against his client’s interest in violation of Canon 1 of the Code of Professional Responsibility, and
is guilty of misappropriation of funds.
HELD:
The Supreme Court sustained the findings of the IBP and held that a lawyer, shall exercise due
diligence in protecting his client’s rights. Failure to exercise such degree of vigilance of a good father makes
a lawyer unworthy.
It is apparent in this case, that respondent di not exert any effort on his client’s case and
completely neglected his obligation to his client. The respondent lied to the complainant and also failed
to comply with their agreement, thus, in violation of Rule 1.01 of Canon 1 and Rule 18.03 of Canon 18
which respectively states that a lawyer is prohibited from engaging in unlawful, dishonest, immoral
deceitful conduct; and lawyer shall not neglect a legal matter entrusted to him, and his negligence in
connection therewith shall render him liable.
Furthermore, the respondent also failed to live up his duties as a lawyer when he unlawfully
withheld complainant’s money, in violation of Canon 16 of the CPR that holds a lawyer in trust of all
moneys and properties of his client that may come into his possession.
MH T. MORALDE