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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
November-2004 Jurisprudence                 

  • G.R. NOS. 123562-65 - LEONORA A. GESITE, ET AL. v. THE COURT OF APPEALS, ET AL.

  • G.R. No. 107566 - BAGUIO MIDLAND COURIER, ET AL. v. THE COURT OF APPEALS, ET AL.

  • Gesite v. CA: 123562-65 : November 25, 2004 : J. Sandoval-Gutierrez : En Banc : Decision

  • G.R. No. 126454 - BIBLE BAPTIST CHURCH, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 126275 - JOHANNE J. PE A, ET AL. v. THE HON. COURT OF APPEALS

  • G.R. No. 127089 - RAFAEL RENDON v. PEOPLE OF THE PHILIPPINES, ET AL.

  • G.R. No. 129416 - ZENAIDA B. TIGNO, ET AL. v. SPOUSES ESTAFINO AQUINO, ET AL.

  • G.R. No. 136438 - TEOFILO C. VILLARICO v. VIVENCIO SARMIENTO, ET AL.

  • G.R. No. 136477 - M.A. SANTANDER CONSTRUCTION, INC. v. ZENAIDA VILLANUEVA

  • G.R. No. 137862 - ALFREDO ESTRADA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 138085 - AZOLLA FARMS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 138090 - ELIZA PABLO y MARTIN, ET AL. v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 138379 - PLACIDO O. URBANES, JR. v. COURT OF APPEALS, ET AL.

  • G.R. No. 138381 - GOVERNMENT SERVICE INSURANCE SYSTEM v. COMMISSION ON AUDIT

  • G.R. No. 138490 - DESIREE L. PAGE-TENORIO v. WILFREDO C. TENORIO, ET AL.

  • G.R. No. 139067 - SPS. MA. CARMEN L. JAVELLANA, ET AL. v. HON. PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 30, MANILA, ET AL.

  • G.R. No. 138954 - ASUNCION GALANG ROQUE v. PEOPLE OF THE PHILIPPINES

  • G.R. NOS. 139275-76 and 140949 - LIGHT RAIL TRANSIT AUTHORITY v. COURT OF APPEALS, ET AL.

  • LRT v. CA: 139275-76 : November 25, 2004 : J. Austria-Martinez : Second Division : Decision

  • G.R. No. 140228 - FRANCISCO MEDINA, ET AL. v. GREENFIELD DEVELOPMENT CORPORATION

  • G.R. No. 140931 - RAMON BALITE, ET AL. v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 140973 - JUSTINO LARESMA v. ANTONIO P. ABELLANA

  • G.R. No. 141145 - REPUBLIC OF THE PHILIPPINES v. WILSON P. ORFINADA, SR., ET AL.

  • G.R. No. 142441 - PEDRO BONGALON v. COURT OF APPEALS, ET AL.

  • G.R. No. 142609 - SEASTAR MARINE SERVICES, INC., ET AL. v. LUCIO A. BUL-AN, JR.

  • G.R. No. 142759 - PHILTREAD TIRE & RUBBER CORPORATION v. ALBERTO VICENTE

  • G.R. No. 143214 - PHILIPPINE PORTS AUTHORITY v. CITY OF ILOILO, ET AL.

  • G.R. No. 143289 - CRESENCIA L. TAN v. DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH)

  • G.R. No. 144742 - REPUBLIC OF THE PHILIPPINES v. HAMILTON TAN KEH

  • G.R. No. 144880 - PASCUAL AND SANTOS, INC. v. THE MEMBERS OF THE TRAMO WAKAS NEIGHBORHOOD ASSOCIATION, INC., ET AL.

  • G.R. No. 144887 - ALFREDO RIGOR v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 145855 - PEPSI-COLA PRODUCTS PHILIPPINES, INC. v. THE COURT OF APPEALS, ET AL.

  • G.R. No. 145483 - LORENZO SHIPPING CORP. v. BJ MARTHEL INTERNATIONAL, INC.

  • G.R. No. 146195 - AVELINA ZAMORA, ET AL. v. HEIRS of CARMEN IZQUIERDO, ET AL.

  • G.R. No. 146225 - NASIPIT LUMBER COMPANY, ET AL. v. NATIONAL ORGANIZATION OF WORKINGMEN (NOWM), ET AL.

  • G.R. No. 146703 - SUNRISE MANNING AGENCY, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 146717 - TRANSFIELD PHILIPPINES, INC. v. LUZON HYDRO CORPORATION, ET AL.

  • G.R. No. 147937 - THE PHILIPPINE AMERICAN LIFE & GENERAL INSURANCE COMPANY v. HON. AUGUSTO V. BREVA, ET AL.

  • G.R. No. 147227 - MARIA REMEDIOS ARGANA, ET AL. v. REPUBLIC OF THE PHILIPPINES

  • G.R. No. 148189 - EMERITO REMULLA v. JOSELITO DP. MANLONGAT

  • G.R. No. 148199 - HENRY JAMES PIKE v. NATIONAL POWER CORPORATION

  • G.R. No. 148223 - FERNANDO GABATIN, ET AL. v. LAND BANK OF THE PHILIPPINES

  • G.R. No. 148256 - ADELINO FELIX v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 148287 - PET PLANS, INC., ET AL. v. COURT OF APPEALS

  • G.R. No. 148318 - NATIONAL POWER CORPORATION v. HON. ROSE MARIE ALONZO-LEGASTO, ET AL.

  • G.R. No. 148333 - VIRGILIO SANTIAGO v. BERGENSEN D.Y. PHILIPPINES, ET AL.

  • G.R. No. 148541 - DEVELOPMENT BANK OF THE PHILIPPINES v. BONITA O. PEREZ, ET AL.

  • G.R. No. 148562 - TAGBILARAN INTEGRATED SETTLERS ASSOCIATION, ET AL. v. HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 148739 - FAR CORPORATION v. RENATO MAGDALUYO, ET AL.

  • G.R. No. 149734 - DR. DANIEL VAZQUEZ, ET AL. v. AYALA CORPORATION

  • G.R. No. 149848 - ARSADI M. DISOMANGCOP, ET AL. v. THE SECRETARY OF THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS, SIMEON A. DATUMANONG, ET AL.

  • G.R. No. 150033 - PEOPLE OF THE PHILIPPINES v. DANILO ESPIDOL y VILLANUEVA, ET AL.

  • G.R. No. 150178 - FLORIAN R. GAOIRAN v. HON. ANGEL C. ALCALA, Retired Chairman, Commission on Higher Education, ET AL.

  • G.R. No. 150241 - EDUARDO S. MERCADO v. THE COURT OF APPEALS, ET AL.

  • G.R. No. 150308 - VIVE EAGLE LAND, INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 150607 - SANCHO MILITANTE v. PEOPLE OF THE PHILIPPINES, ET AL.

  • G.R. No. 150793 - FRANCIS CHUA v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 151160 - SPOUSES JOSE and ESTER MARCHADESCH, ET AL. v. JUANITA CINCO VDA. DE YEPES

  • G.R. No. 151298 - SPOUSES MINIANO and LETA DELA CRUZ v. HON. COURT OF APPEALS, ET AL.

  • G.R. No. 151319 - MANILA MEMORIAL PARK CEMETERY, INC. v. PEDRO L. LINSANGAN

  • G.R. No. 152304 - PHILIPPINE VALVE MFG. COMPANY, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 152317 - VICTORIA MORE O-LENTFER, ET AL. v. HANS JURGEN WOLFF

  • G.R. No. 152526 - RAMON R. JIMENEZ JR., ET AL. v. JUAN JOSE JORDANA

  • G.R. No. 152574 - FRANCISCO ABELLA JR. v. CIVIL SERVICE COMMISSION

  • G.R. No. 152997 - SALVADOR MARZALADO, JR. v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 153004 - SANTOS VENTURA HOCORMA FOUNDATION, INC. v. ERNESTO V. SANTOS, ET AL.

  • G.R. No. 154095 - FRANCISCO C. ROSALES, JR. v. MIGUEL H. MIJARES

  • G.R. No. 154614 - THE CITY OF ILOILO v. HON. JUDGE EMILIO LEGASPI, ET AL.

  • G.R. No. 154689 - UNICORN SAFETY GLASS, INC., ET AL. v. RODRIGO BASARTE, ET AL.

  • G.R. No. 154895 - JOSIE GO TAMIO v. ENCARNACION TICSON

  • G.R. No. 155126 - GABI MULTI PURPOSE COOPERATIVE, INC. v. REPUBLIC OF THE PHILIPPINES

  • G.R. No. 155173 - LAFARGE CEMENT PHILIPPINES, INC., ET AL. v. CONTINENTAL CEMENT CORPORATION, ET AL.

  • G.R. No. 155193 - ELEUTERIO OLAVE, ET AL. v. TEODULO MISTAS, ET AL.

  • G.R. No. 155336 - COMMISSION ON HUMAN RIGHTS EMPLOYEES' ASSOCIATION v. COMMISSION ON HUMAN RIGHTS

  • G.R. No. 156109 - KHRISTINE REA M. REGINO v. PANGASINAN COLLEGES OF SCIENCE AND TECHNOLOGY, ET AL.

  • G.R. No. 156118 - PABLO T. TOLENTINO, ET AL. v. HON. OSCAR LEVISTE, ET AL.

  • G.R. No. 156187 - JIMMY T. GO v. UNITED COCONUT PLANTERS BANK, ET AL.

  • G.R. No. 156800 - ISIDORO A. PADILLA, JR., ET AL. v. LUIS ALIPIO, ET AL.

  • G.R. No. 156810 - GERMAN MACHINERIES CORPORATION v. EDDIE D. ENDAYA

  • G.R. No. 156963 - THE PHILIPPINE AMERICAN LIFE AND GENERAL INSURANCE CO. v. ANGELITA S. GRAMAJE

  • G.R. No. 157826 - titlexxx

  • G.R. No. 158311 - HUNTINGTON STEEL PRODUCTS, INC., ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 157907 - CHRONICLE SECURITIES CORPORATION, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 158397 - NEIL TAMONDONG v. COURT OF APPEALS, ET AL.

  • G.R. No. 158568 - ALICIA D. TAGARO v. ESTER A. GARCIA, ET AL.

  • G.R. No. 158610 - ESTEBAN M. ZAMORAS v. COMMISSION ON ELECTIONS, ET AL.

  • SEPARATE OPINION : TINGA, J.: G.R. NO. 158693 : November 17, 2004 - JENNY M. AGABON and VIRGILIO C. AGABON, Petitioners, v. NATIONAL LABOR RELATIONS COMMISSION (NLRC), RIVIERA HOME IMPROVEMENTS, INC. and VICENTE ANGELES, Respondents.

  • G.R. No. 158693 - JENNY M. AGABON v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • De Villa v. Director, New Bilibid Prisons : 158802 : J. Callejo Sr : En Banc : Separate Concurring Opinion

  • G.R. No. 158802 - IN RE: THE WRIT OF HABEAS CORPUS FOR REYNALDO DE VILLA

  • De Villa v. Director, New Bilibid Prisons : 158802 : November 17, 2004 : J. Carpio : En Banc : Separate Concurring Opinion

  • G.R. No. 158874 - MAYOR SOBAIDA T. BALINDONG v. VICE GOVERNOR TIMOTEO D. DACALOS, ET AL.

  • G.R. No. 159010 - NIPPON PAINT EMPLOYEES UNION-OLALIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 159636 - VICTORY LINER, INC. v. ROSALITO GAMMAD, ET AL.

  • G.R. No. 160890 - BANK OF THE PHILIPPINE ISLANDS v. COURT OF APPEALS, ET AL.

  • G.R. No. 160215 - HYDRO RESOURCES CONTRACTORS CORPORATION v. NATIONAL IRRIGATION ADMINISTRATION

  • G.R. No. 161382 - MANUEL DACUBA v. THE COURT OF APPEALS, ET AL.

  • G.R. No. 162035 - GILBERTO CANTORIA v. HON. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 162704 - MEMORIA G. ENCINAS, ET AL. v. NATIONAL BOOKSTORE, INC.

  • G.R. No. 162214 - MARIALEN C. CORPUZ, ET AL. v. THE SANDIGANBAYAN, ET AL.

  • G.R. No. 163256 - CICERON P. ALTAREJOS v. COMMISSION ON ELECTIONS, ET AL.

  • A.C. No. 4179 - ALICE GOKIOCO v. ATTY. RAFAEL P. MATEO

  • Adm. Case No. 4711 - ROMEO H. SIBULO v. FELICISIMO ILAGAN

  • A.C. No. 4585 - MICHAEL P. BARRIOS v. ATTY. FRANCISCO P. MARTINEZ

  • A.C. No. 5041 - SALVADOR G. VILLANUEVA v. ATTY. RAMON F. ISHIWATA

  • A.C. No. 5454 - CARMELINA Y. RANGWANI v. ATTY. RAMON S. DI O

  • A.C. No. 6238 - LINDA VILLARIASA-RIESENBECK v. ATTY. JAYNES C. ABARRIENTOS

  • A.C. No. 6294 - ATTY. MINIANO B. DELA CRUZ v. ATTY. ALEJANDRO P. ZABALA

  • A.C. No. 6492 - MELANIO L. ZORETA v. ATTY. HEHERSON ALNOR G. SIMPLICIANO

  • A.M. No. 00-06-09-SC - RE: IMPOSITION OF CORRESPONDING PENALTIES FOR HABITUAL TARDINESS COMMITTED DURING THE FIRST SEMESTER OF 2004 BY THE FOLLOWING EMPLOYEES OF THIS COURT: MARIA LIZA S. ALMOJUELA, EFREN ASCRATE, MARITA FLORA C. AYLLON...

  • A.M. No. 00-7-320-RTC - REPORT ON THE JUDICIAL AUDIT CONDUCTED IN THE REGIONAL TRIAL COURT, BRANCH 136, MAKATI CITY

  • A.M. No. 02-12-01-SC - RE: RESOLUTION GRANTING AUTOMATIC PERMANENT TOTAL DISABILITY BENEFITS TO HEIRS OF JUSTICES AND JUDGES WHO DIE IN ACTUAL SERVICE.

  • A.M. No. 03-11-628-RTC - RE: REPORT ON THE JUDICIAL AUDIT CONDUCTED IN THE REGIONAL TRIAL COURT, BRANCH 144, MAKATI CITY

  • A.M. No. 03-1515-MTJ - DOLORES IMBANG v. JUDGE DEOGRACIAS K. DEL ROSARIO

  • A.M. No. 04-3-63-MTCC - RE: REPORT ON THE JUDICIAL AUDIT CONDUCTED IN THE MTCC, BRANCH 5, BACOLOD CITY

  • A.M. No. 2004-19-SC - RE: ALLEGED VIOLATION BY MR. EFREN ASCRATE OF CIVIL SERVICE RULES ON ABSENTEEISM AND TARDINESS

  • A.M. No. CA-04-17-P - RUPERTO G. JUGUETA v. RICARDO ESTACIO

  • A.M. No. MTJ-00-1318 - NELIA A. ZIGA v. JUDGE RAMON A. AREJOLA

  • A.M. No. MTJ-01-1348 - JUDGE DOLORES L. ESPA OL, ET AL. v. JUDGE LORINDA T. MUPAS

  • A.M. No. MTJ-04-1539 - ELENA R. ALCARAZ v. JUDGE FRANCISCO S. LINDO

  • A.M. OCA No. 03-1800-RTJ - CHIEF STATE PROSECUTOR JOVENCITO R. ZUÑO v. JUDGE ALEJADRINO C. CABEBE

  • A.M. No. P-02-1564 - CONCERNED EMPLOYEE v. GLENDA ESPIRITU MAYOR

  • A.M. No. P-02-1644 - ARNEL S. CRUZ v. ATTY. LUNINGNING Y. CENTRON

  • A.M. No. P-04-1897 - ARTURO GRAYDA v. NOEL G. PRIMO

  • A.M. No. P-04-1901 - JUDGE TEODORO L. DIPOLOG v. Clerk of Court II DARRYL C. MONTEALTO, ET AL.

  • A.M. No. P-91-621 - OFFICE OF THE COURT ADMINISTRATOR v. VIRGILIO G. CA ETE

  • IBP v. Pamintuan : AM RTJ-02-1691 : November 19, 2004 : J. Callejo Sr : En Banc : Dissenting Opinion

  • A.M. No. RTJ-02-1691 - THE OFFICERS AND MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES, BAGUIO-BENGUET CHAPTER v. JUDGE FERNANDO VIL PAMINTUAN

  • A.M. No. RTJ-03-1812 - PABLITO R. SORIA, ET AL. v. JUDGE FRANKLYN A. VILLEGAS

  • Soria v. Villegas : AM RTJ-03-1812 : November 18, 2004 : J. Ynares-Santiago : En Banc : Dissenting Opinion

  • A.M. No. RTJ-04-1857 - GABRIEL DELA PAZ v. JUDGE SANTOS B. ADIONG

  • A.M. No. RTJ-04-1885 - STATE PROSECUTOR PABLO FORMARAN III, ET AL. v. JUDGE MARIVIC TRABAJO-DARAY

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    A.C. No. 5041 - SALVADOR G. VILLANUEVA v. ATTY. RAMON F. ISHIWATA

      A.C. No. 5041 - SALVADOR G. VILLANUEVA v. ATTY. RAMON F. ISHIWATA

    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [A.C. NO. 5041 : November 23, 2004]

    SALVADOR G. VILLANUEVA, Complainant, v. ATTY. RAMON F. ISHIWATA, Respondent.


    D E C I S I O N

    SANDOVAL-GUTIERREZ, J.:

    Complainant Salvador G. Villanueva seeks the disbarment of Atty. Ramon F. Ishiwata, herein respondent, for gross professional misconduct.

    In his amended complaint filed with this Court on April 12, 1999,1 complainant alleged that sometime in May, 1994, he hired respondent to handle his case, NLRC-NCR Case No. 00-05-03808-942 against J.T. Transport, Inc. for payment of his unpaid wages, separation pay, and other benefits.

    Due to insistence of respondent, complainant executed a Special Power of Attorney designating the former as his attorney-in-fact.3

    In the course of the proceedings at the NLRC, the parties entered into a compromise agreement whereby for a consideration of P225,000.00, complainant agreed to release J.T. Transport from all its obligations to him. As a result, respondent signed a "Quitclaim and Release" for and on behalf of complainant. The NLRC then considered NLRC-NCR Case No. 00-05-03808-94 closed and terminated.

    Sometime between June and August 1998, J.T. Transport delivered four (4) checks to respondent in the sum of P225,000.00 as payment of complainant's claims. However, respondent gave complainant only P45,000.00 as "first installment," without advising him that the settlement award had been paid in full.

    Subsequently, complainant learned that J.T. Transport had fully settled its obligations to him. Thus, he made repeated demands upon respondent to deliver to him the balance. But the latter refused to comply, prompting complainant to hire the services of a new lawyer who sent respondent a demand letter. Still, respondent refused to pay.

    In his comment on the complaint, respondent denied the charge. He alleged that it was actually one Zenaida Villanueva, claiming to be complainant's wife, who actually engaged his services. Due to a serious ailment, he secured the services of another person to do research work for a contingent fee with complainant's acquiescence. In fact, from the amount of P225,000.00, he paid that other person P33,000.00 with complainant's knowledge.

    Respondent also alleged that since J.T. Transport paid in installments, the sums delivered to complainant were also in installments. Initially, complainant received P45,000.00. As the money came in, respondent paid complainant's wife P90,000.00 in two installments, one in the sum of P11,000.00 and another in the amount of P79,000.00. However, the receipts she signed were misplaced by respondent's secretary. Respondent deducted his 25% attorney's fee or P56,250.00 from the award. According to his computation, all the payments are in the total sum of P224,250.00, leaving only P750.00 due and owing to complainant.

    On October 11, 1999, we resolved to refer the instant case to the Integrated Bar of the Philippines (IBP) for investigation, report and recommendation within ninety (90) days from notice.4

    On July 7, 2004, the IBP Board of Governors submitted to this Court Resolution No. XVI-2004-225 dated April 16, 2004, adopting and approving the Report and Recommendation of the Investigating Commissioner. The latter found respondent guilty as charged and recommended that he be suspended from the practice of law for one (1) year; that he return the sums of P90,000.00 and P33,000.00 to complainant; and that his attorney's fee in NLRC-NCR Case No. 00-05-03808-94 be reduced from 25% to 10% of the settlement award.

    We sustain the Resolution of the IBP Board of Governors.

    Canon 16 and Rules 16.01 to 16.03 of the Code of Professional Responsibility provides:

    "Canon 16 - A lawyer shall hold in trust all moneys and properties of his client that may come to his possession.

    Rule 16.01 - A lawyer shall account for all money or property collected or received for or from the client.

    Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him.

    Rule 16.03 - A lawyer shall deliver the funds and property of his client when due or upon demand. However, he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements; giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all judgments and executions he has secured for his client as provided for in the Rules of Court."

    Respondent violated the above provisions and should thus be penalized.

    Obviously, respondent's failure to return the balance to complainant upon demand gave rise to the presumption that he misappropriated it in violation of the trust reposed on him. His act is indicative of lack of integrity and propriety. He was clinging to something not his and which he had no right. As found by the Investigating Commissioner, out of the settlement amount of P225,000.00, respondent gave complainant only P45,000.00. His claim that he gave complainant's alleged wife the amount of P11,000.00 and P79,000.00 is not true. He could not show the corresponding receipts. In Gonato v. Atty. Adaza,5 we held that conversion by a lawyer of the funds entrusted to him is a gross violation of professional ethics and a betrayal of the public confidence in the legal profession.

    The relationship between an attorney and his client is highly fiduciary in nature.6 Under his oath, a lawyer pledges himself not to delay any man for money and he is bound to conduct himself with good fidelity to his clients. A lawyer should thus refrain from any action whereby for his personal benefit or gain, he abuses or takes advantage of the confidence reposed in him by his client. Accordingly, any money collected for the client or other trust property coming into the lawyer's possession should promptly be reported by him.7 A lawyer must at all times conduct himself, especially in his dealings with his clients and the public at large, with honesty and integrity in a manner beyond reproach. A violation of the high standards of the legal profession subjects the erring lawyer to administrative sanctions by this Court."8

    We agree with the holding of the Investigating Commissioner that since what respondent handled was merely a labor case, his attorney's fee should not exceed 10%, the rate allowed under the Labor Code.9 Accordingly, his legal fee should be reduced from P56,250.00 to P22,500.00 only.

    We likewise sustain the finding of the Investigating Commissioner that respondent should pay the complainant the following amounts:

    P225,000.00

    -

    Total amount received from J.T. Transport

    Less:

    P22,500.00

    -

    Representing the allowable 10% attorney's fees

    P199,500.00

    -

    Amount due to complainant

    Less:

    P45,000.00

    -

    Actual amount paid to complainant

    P154,500.00

    -

    Total balance which respondent should pay complainant

    The IBP Board of Governors' recommended penalty of one (1) year is in order. In a recent case10 wherein respondent lawyer failed to deliver to his clients the sum of P236,000.00 awarded to them by the trial court, we imposed upon him suspension from the practice of law for one year.

    WHEREFORE, respondent Atty. Ramon F. Ishiwata is hereby declared guilty of violation of Canon 16 of the Code of Professional Responsibility and is SUSPENDED from the practice of law for a period of one (1) year effective upon his receipt of a copy of this Decision, with a warning that a repetition of the same or similar acts will be dealt with more severely. He is ordered to restitute to complainant the sum of P154,500.00 from notice. Let copies of this Decision be furnished the Bar Confidant, the IBP, and the Court Administrator who shall circulate them to all courts, tribunals, and quasi-judicial agencies for their information and guidance.

    SO ORDERED.

    Panganiban, (Chairman), Carpio-Morales, and Garcia, JJ., concur.
    Corona, J., on leave.

    Endnotes:


    1 Rollo, Vol. I, at 1-5.

    2 Id. at 1 & 7.

    3 Rollo at 2 & 8.

    4 Id. at 26.

    5 385 Phil. 426, 431 (2000), citing Obia v. Catimbang, A.C. No. 2731, April 19, 1991, 196 SCRA 23.

    6 Penticostes v. Ibañez, 363 Phil. 624, 628 (1999), citing Daroy v. Legaspi, A.C. No. 936, July 25, 1975, 65 SCRA 304.

    7 Angeles v. Uy, Jr., 386 Phil. 221, 233 (2000).

    8 Ui v. Bonifacio, A.C. No. 3319, June 8, 2000, 333 SCRA 38.

    9 Article 111 of the Labor Code, as amended, provides:

    "Art. 111. Attorney's fees. - (a) In case of unlawful withholding of wages the culpable party may be assessed attorney's fees equivalent to ten percent (10%) of the amount of wages recovered.

    (b) It shall be unlawful for any person to demand or accept, in any judicial or administrative proceedings for the recovery of the wages, attorney's fees which exceed ten percent (10%) of the amount of wages recovered."

    10 Milagros N. Aldovino, et al. v. Atty. Pedro C. Pujalte, A.C. No. 5082, February 17, 2004.

    A.C. No. 5041 - SALVADOR G. VILLANUEVA v. ATTY. RAMON F. ISHIWATA


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