FACTS:

In September 2000, Adelita Llunar hired Atty. Romulo Ricafort to file a case against Ricardo and Ard Cervantes for the recovery of a parcel of land. Llunar alleged that the land was fraudulently registered under Ricardo's name and later transferred to Ard. At the time, the property was being foreclosed by the Rural Bank of Malilipot, Albay.

Llunar gave Ricafort a total of P95,000 as payment, including partial payment for the redemption price of the property, filing fees, and attorney's fees. However, three years later, Llunar discovered that no case was ever filed by Ricafort with the Regional Trial Court (RTC) in Legazpi City.

Llunar demanded the return of the full amount of P95,000, but Ricafort refused. He argued that although he did not file the case himself, another lawyer, Atty. Edgar Abitria, did file a complaint for annulment of title against Ard Cervantes. Ricafort said he paid Atty. Abitria P50,000 as acceptance fee for handling the case and was only willing to return what was left of the P95,000.

Llunar refused to recognize the complaint filed by Atty. Abitria, claiming she had no knowledge of his engagement as counsel. She also argued that the complaint was filed late and that the property could no longer be redeemed from the bank. Llunar also discovered that Ricafort had been suspended from the practice of law since May 29, 2002, further complicating the situation.

The case was eventually referred to the Integrated Bar of the Philippines (IBP) for investigation, report, and recommendation. The IBP Investigating Commissioner found Ricafort to have been grossly negligent in handling the case and to have violated several provisions of the Code of Professional Responsibility (CPR). The Commissioner recommended that Ricafort be suspended indefinitely from the practice of law.

The IBP Board of Governors agreed with the Investigating Commissioner's findings but modified the recommended penalty to disbarment. They also ordered Ricafort to return the P95,000 to Llunar within thirty days. Ricafort filed a motion for reconsideration, arguing that Llunar had knowledge and consent regarding the referral of the case to Atty. Abitria and that he had paid Atty. Abitria the acceptance fee. However, the motion for reconsideration was denied.

ISSUES:

1. Whether or not Atty. Romulo Ricafort should be disbarred for gross and inexcusable negligence and serious misconduct.

RULING:

1. The Integrated Bar of the Philippines (IBP) Board of Governors found Atty. Romulo Ricafort liable for gross negligence and serious misconduct, and ordered his disbarment. The Board also directed him to return the amount of P95,000.00 to the complainant within thirty days from notice. The respondent's motion for reconsideration was subsequently denied by the Board of Governors.

PRINCIPLES:

• Cannon 15 and 17 of the Code of Professional Responsibility (CPR) - lawyers are required to observe candor, fairness, and loyalty in all dealings and to espouse and maintain the dignity and integrity of the legal profession.

• Rules 1.01, 16.03, 18.03, and 18.04 of the CPR - lawyers should not engage in any unlawful, dishonest, or deceitful conduct, should perform their duties with diligence, and should serve their clients with competence and diligence.

• Failure to inform a client of a lawyer's suspension from the practice of law can be considered a violation of the lawyer's duty of candor, fairness, and loyalty to the client.