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    Paulina T. Yu V. Atty. Berlin R. Dela Cruz A.C. No. 10912 JANUARY 19, 2016 ACTS COMMITTED: Respondent Lawyer Agreed To Represent

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    Mary Anne
    Respondent lawyer Berlin R. Dela Cruz agreed to represent complainant Paulina T. Yu in several cases and received acceptance fees. The lawyer then borrowed jewelry from the complainant and pledged it for a bank loan. When redeeming the jewelry, the lawyer's bank check was dishonored as his account was closed. Demands for payment went unanswered. The lawyer was found guilty of violating rules regarding unlawful conduct, borrowing from clients, and fiduciary duty. He was suspended from practice for three years with a warning of more severe penalty if the acts were repeated.

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    Paulina T. Yu V. Atty. Berlin R. Dela Cruz A.C. No. 10912 JANUARY 19, 2016 ACTS COMMITTED: Respondent Lawyer Agreed To Represent

    Uploaded by

    Mary Anne
    300 views2 pages
    Respondent lawyer Berlin R. Dela Cruz agreed to represent complainant Paulina T. Yu in several cases and received acceptance fees. The lawyer then borrowed jewelry from the complainant and pledged it for a bank loan. When redeeming the jewelry, the lawyer's bank check was dishonored as his account was closed. Demands for payment went unanswered. The lawyer was found guilty of violating rules regarding unlawful conduct, borrowing from clients, and fiduciary duty. He was suspended from practice for three years with a warning of more severe penalty if the acts were repeated.

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    PALE case digest

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    Yu_Case.Ethics

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    Respondent lawyer Berlin R. Dela Cruz agreed to represent complainant Paulina T. Yu in several cases and received acceptance fees. The lawyer then borrowed jewelry from the complainant and pledged it for a bank loan. When redeeming the jewelry, the lawyer's bank check was dishonored as his account was closed. Demands for payment went unanswered. The lawyer was found guilty of violating rules regarding unlawful conduct, borrowing from clients, and fiduciary duty. He was suspended from practice for three years with a warning of more severe penalty if the acts were repeated.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    300 views2 pages

    Paulina T. Yu V. Atty. Berlin R. Dela Cruz A.C. No. 10912 JANUARY 19, 2016 ACTS COMMITTED: Respondent Lawyer Agreed To Represent

    Uploaded by

    Mary Anne
    Respondent lawyer Berlin R. Dela Cruz agreed to represent complainant Paulina T. Yu in several cases and received acceptance fees. The lawyer then borrowed jewelry from the complainant and pledged it for a bank loan. When redeeming the jewelry, the lawyer's bank check was dishonored as his account was closed. Demands for payment went unanswered. The lawyer was found guilty of violating rules regarding unlawful conduct, borrowing from clients, and fiduciary duty. He was suspended from practice for three years with a warning of more severe penalty if the acts were repeated.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    PAULINA T. YU v. ATTY. BERLIN R.

    DELA CRUZ
    A.C. No. 10912
    JANUARY 19, 2016

    ACTS COMMITTED: Respondent lawyer agreed to represent


    Complainant, Paulina T. Yu for several cases. From which,
    multiple Acceptance Fees were already paid to the Respondent
    Lawyer. On one occasion, while the lawyer-client relationship was
    subsisting, respondent lawyer borrowed pieces of jewelry from
    complainant and was pledged for a loan from a bank. For
    redemption of said jewelry, respondent lawyer issued a Bank
    Check but the same was dishonored for the reason, "Account
    Closed". Complainant notified respondent lawyer for the
    dishonored check but no response was availed. Demand was
    instituted against respondent lawyer for the payment of jewelry
    including the paid acceptance fees to him, but still to no avail.
    Complaint has been filed for the acts of the said respondent
    lawyer. Lawyer was made to respond to the complaint but he
    continuously disregarded the notification made to him for the
    reasons only known to him.
    BASIS OF LEGAL ACTION:
    CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION,
    OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT
    FOR LAW OF AND LEGAL PROCESSES.
    RULE 1.01 - A lawyer shall not engage in unlawful, dishonest,
    immoral or deceitful conduct.
    CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS
    AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS
    PROFESSION.
    RULE 16.04 - A lawyer shall not borrow money from his client
    unless the client's interests 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.
    CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF
    HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND
    CONFIDENCE REPOSED IN HIM.
    Batas Pambansa Blg. 22 - AN ACT PENALIZING THE MAKING
    OR DRAWING AND ISSUANCE OF A CHECK WITHOUT
    SUFFICIENT FUNDS OR CREDIT AND FOR OTHER
    PURPOSES.
    PENALTY IMPOSED: WHEREFORE, finding respondent Atty.
    Berlin R. Dela Cruz GUILTY of violating Canons 1, 16, 17 and
    Rules 1.01 and 16.04 of the Code of Professional Responsibility,
    the Court hereby SUSPENDS him from the practice of law for
    Three Years with a STERN WARNING that a repetition of the
    same or similar act would be dealt with more severely.

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