Yu vs Bondal _ AC No. 5534 _ January 17, 2005 _ J. Carpio-Morales _ Third Division _ Decision.pdf - Yu vs Bondal AC No 5534 J Carpio-Morales Third

Yu vs Bondal _ AC No. 5534 _ January 17, 2005 _ J. Carpio-Morales _ Third Division _ Decision.pdf

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9/26/2018 Yu vs Bondal : AC No. 5534 : January 17, 2005 : J. Carpio-Morales : Third Division : Decision 1/6 THIRD DIVISION [A.C. No. 5534. January 17, 2005] JAYNE Y. YU, complainant, vs. RENATO LAZARO BONDAL, respondent. D E C I S I O N CARPIO MORALES, J. : Atty. Renato Lazaro Bondal (respondent) stands charged in a complaint [1] filed by Jayne Y. Yu (complainant) for gross negligence and violation of Canon 16 [2] and Rule 16.03 [3] of the Code of Professional Responsibility arising from his alleged failure to attend to the five cases she referred to him and to return, despite demand, the amount of P 51,716.54 she has paid him. By complainants allegation, the following spawned the filing of the present administrative complaint: On March 30, 2000, she engaged the services of respondent as counsel in the following cases: (1) Jayne Yu. v. Swire Realty and Development Corp, for Rescission with Damages filed before the Housing and Land Use Regulatory Board, (2) I.S. No. 00-22089-90, Jayne Yu v. Lourdes Fresnoza Boon, for Estafa, (3) I.S. No. 2000-G-22087-88, Jayne Yu v. Julie Teh, for violation of Batas Pambansa Blg. 22, (4) I.S. No. 2000-D-11826, Jayne Yu v. Mona Lisa San Juan for violation of Batas Pambansa Blg. 22, and (5) I.S. No. 2000-D-11827, Jayne Yu v. Elizabeth Chan Ong, also for violation of Batas Pambansa Blg. 22. [4] In the Retainer Agreement [5] dated March 30, 2000, complainant agreed to pay respondent the amount of P 200,000.00 as Acceptance Fee for the five cases, with an Appearance Fee of P 1,500.00 pesos per hearing; and in the event that damages are recovered, she would pay respondent 10% thereof as success fee. Complainant later issued two checks, BPI Family Bank No. 94944 and BPI Family Bank No. 94968, dated February 20, 2001 and April 5, 2001 in the amount of P 30,000.00 and P 21,716.54, respectively. [6] Despite receipt of above-said amounts, respondent failed to file a case against Swire Realty and Development Corp; [7] due to respondents negligence, the case for estafa against Lourdes Fresnoza Boon was dismissed by the Office of the City Prosecutor of Makati City and was not timely appealed to the Department of Justice; [8] respondent negligently failed to inform complainant, before she left for abroad, to leave the necessary documents for purposes of the preliminary investigation of the case filed against Julie Teh before the Office of the City Prosecutor of Makati City, which case was eventually dismissed by Resolution dated August 14, 2000; [9] and respondent compelled her to settle the two cases for violation of B.P. Blg. 22 against Mona Lisa San Juan and Elizabeth Chan Ong under unfair and unreasonable terms. [10] Respondent thus demanded from respondent, by letter [11] of June 14, 2001, for the return of all the records she had entrusted him bearing on the subject cases. Through complainants counsel (Chavez Laureta and Associates Law Office) which sent a letter [12] to respondent, she reiterated her demand for the return of the records of the cases.
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