PAULINA T. YU v. ATTY. BERLIN R.

DELA CRUZ
A.C. No. 10912
JANUARY 19, 2016

ACTS COMMITTED: Respondent lawyer agreed to represent

Complainant, Paulina T. Yu for several cases. From which,
multiple Acceptance Fees were already paid to the Respondent
Lawyer. On one occasion, while the lawyer-client relationship was
subsisting, respondent lawyer borrowed pieces of jewelry from
complainant and was pledged for a loan from a bank. For
redemption of said jewelry, respondent lawyer issued a Bank
Check but the same was dishonored for the reason, "Account
Closed". Complainant notified respondent lawyer for the
dishonored check but no response was availed. Demand was
instituted against respondent lawyer for the payment of jewelry
including the paid acceptance fees to him, but still to no avail.
Complaint has been filed for the acts of the said respondent
lawyer. Lawyer was made to respond to the complaint but he
continuously disregarded the notification made to him for the
reasons only known to him.
BASIS OF LEGAL ACTION:
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION,
OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT
FOR LAW OF AND LEGAL PROCESSES.
RULE 1.01 - A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS
AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS
PROFESSION.
RULE 16.04 - A lawyer shall not borrow money from his client
unless the client's interests are fully protected by the nature of the
case or by independent advice. Neither shall a lawyer lend money
to a client except, when in the interest of justice; he has to
advance necessary expenses in a legal matter he is handling for
the client.
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.
Batas Pambansa Blg. 22 - AN ACT PENALIZING THE MAKING
OR DRAWING AND ISSUANCE OF A CHECK WITHOUT
SUFFICIENT FUNDS OR CREDIT AND FOR OTHER
PURPOSES.
PENALTY IMPOSED: WHEREFORE, finding respondent Atty.
Berlin R. Dela Cruz GUILTY of violating Canons 1, 16, 17 and
Rules 1.01 and 16.04 of the Code of Professional Responsibility,
the Court hereby SUSPENDS him from the practice of law for
Three Years with a STERN WARNING that a repetition of the
same or similar act would be dealt with more severely.