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VALENTIN C. MIRANDA v. ATTY. MACARIO D. CARPIO

FACTS:

Complainant Valentin C. Miranda engaged the services of Atty. Macario D. Carpio as his counsel in a land registration proceeding. They agreed on a certain amount as acceptance fee and appearance fee. However, during the proceedings, respondent demanded additional fees for the preparation of a memorandum and a percentage of the total area of the property. Complainant refused to pay, causing strain in their relationship. After the land registration case was decided in complainant's favor, he discovered that the owner's duplicate of the title was claimed and released to respondent without his knowledge and consent. Complainant repeatedly demanded the return of the title, but respondent insisted on payment of the additional fees before returning it. Respondent also registered an adverse claim on the title. Complainant filed a disbarment case against respondent based on alleged unfair fees and failure to deliver the funds and properties of his client. Respondent claimed a retaining lien over the title due to complainant's refusal to complete payment. The Integrated Bar of the Philippines-Commission on Bar Discipline recommended a six-month suspension for respondent's unjust withholding of the title. The IBP Board of Governors approved the recommendation with modification, ordering respondent to return the title.

ISSUES:

  1. Whether or not Atty. Macario D. Carpio should be held liable for the unjust withholding of the owner's duplicate of OCT No. 0-94.

  2. Whether or not the 20% professional fee demanded by Atty. Macario D. Carpio is fair and reasonable.

RULING:

  1. Atty. Macario D. Carpio should be held liable for unjustly withholding the owner's duplicate of OCT No. 0-94. The Integrated Bar of the Philippines-Commission on Bar Discipline (IBP-CBD) recommended the suspension of Atty. Carpio for a period of six (6) months due to this unjust act.

  2. The 20% professional fee demanded by Atty. Carpio is not fair and reasonable. The IBP affirmed that Atty. Carpio must return the owner's duplicate of OCT No. 0-94 within fifteen (15) days from receipt of notice.

PRINCIPLES:

  • Lawyers are mandated to charge only fair and reasonable fees (Canon 20 of the Code of Professional Responsibility).

  • Lawyers have the duty to hold in trust all moneys and properties of their clients (Canon 16 of the Code of Professional Responsibility).

  • Lawyers should deliver funds and properties of their clients when due or upon demand (Canon 16.03 of the Code of Professional Responsibility).

  • Lawyers should not unjustly withhold documents or properties of clients in the exercise of their attorney's lien.

  • The principle of "quantum meruit" may be used to determine a lawyer's professional fee when there is no written agreement between the lawyer and client.