Sps. Nunilo and Nemia Anaya vs. Atty. Jose B. Alvarez A.C. No.

9436, August 1, 2016

ACTS COMMITTED: Atty. Jose B. Alvarez asked Sps. Nunilo and Nemia Anaya cash in
exchange of four checks with the assurance that they will be honored upon presentment and
fully funded on due date. The checks were dishonored by the drawee bank by reason that the
account was closed. Sps. Anaya made repeated demands to Atty. Alvarez but the latter simply
made and offer of PHP 20,000 as partial payment which the Sps. Refused to accept as they
wanted a return of the full amount due.
BASIS OF LEGAL ACTION: Canon 16, Rule 16.04 (Code of Professional Responsibility) - A
lawyer shall not borrow money from his client unless the client's interest 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.
PENALTY IMPOSED: The Supreme Court found Atty. Jose B. Alvarez guilty of gross
misconduct and suspended from the practice of law for one year, effective upon his receipt of
the decision with the warning that a repetition of the same and any other misconduct will be
dealt with more severely.