A-1 Financial Services, Inc. vs. Atty. Valerio, A.C. No. 8390 (July 2, 2010)
A-1 Financial Services, Inc. vs. Atty. Valerio, A.C. No. 8390 (July 2, 2010)
, Complainant
VS.
ATTY. LAARNI N. VALERIO, Respondent
A.C. No. 8390, July 2, 2010
NATURE:
A complaint for disciplinary action against respondent for violation of Batas Pamnbansa Blg. 22
(B.P. 22) and non-payment of debt. (AFFIRMED, The respondent is hereby suspended for two (2)
years from the practice of law.)
FACTS:
On November 13, 2001, complainant, A-1 Financial Services, Inc, a financing corporation,
granted the loan of the respondent, Atty. Laarni N. Valerio, amounting PhP 50,000.00. To secure the
payment of the loan, Atty. Valerio issued a postdated check (Check No. 0000012725) dated April 1,
2002, for the same amount. However, the check was dishonored due to insufficient funds. Despite
repeated demands, Atty. Valerio failed to fulfill her obligation. Thus, the complainant filed a B.P. 22
case against the respondent on November 10, 2003. The arraignment was scheduled but she failed to
appear despite due notice. Subsequently, a warrant of arrest was issued but she posted no bail.
An Administrative Complaint against Atty. Valerio was filed on January 18, 2006 before the
Integrated Bar of the Philippines (IBP) wherein she was required to file an answer but again,she did
not file any responsive pleading at all. However, in a letter dated March 16, 2006, the respondent’s
mother, Gorgonia N. Valerion (Mrs. Valerio), explained that her daughter had been diagnosed with
schizophrenia and that she could not properly respond to the complaint against her. Furthermore,
she undertook to personally settle her daughter’s obligation.
Atty. Valerio was again directed by the IBP Commssion on Bar Dicsipline (CBD) to appear
before the mandatory conference on September 13, 2007, still no Atty. Valerio was showed up. In an
order from the IBP dated November 15, 2007, the parties are ordered to submit their position papers,
however, atty. Valerio did not submit any. After a year, the IBP-CBD made its report and
recommendation to suspend Atty. Valerio from the practice of law for a period of two (2) years for
having found guilty of gross misconduct. The BP-CBD did not gave credence to the medical certificate
submitted by her mother forn failure to prove the truthfulness of such certificate or to present the
physician who issued the same. The recommendation of the IBP-CBD was based on Atty. Valerio’s
failure to obey court processes, more particularly her failure to appear at her arraignment despite due
notice and to surrender to the Court despite the issuance of a warrant of arrest, showed her lack of
respect for authority and, thus, rendered morally unfit to be a member of the bar. Such
recommendation of the IBP-CDB was adopted and approved with modification by the IBP Board of
Governors, that Atty. Valerio was suspended from the practice of law only for a period of one (1) year.
Before the Court decide the case of Atty. Valerio, a resolution dated December 15, 2010,
directed the latter and/or her mother to submit a duly notarized medical certificate issued by a duly
licensed physician and/or certified copies of medical records to support the claim of schizophrenia on
the part of Atty. Valerio within a non-extendible period of ten (10) days from receipt hereof. However,
no medical certificate or medical records were submitted to the court.
ISSUE:
Whether or not the respondent is guilty of gross misconduct and violation of the Code of
Professional Resposibility.
RULING:
YES. The respondent is guilty of gross misconduct and violation of the Code of Professional
Ressposibility.
In Barrientos v. Libiran-Meteoro, it was held that deliberate failure to pay just debts and the
issuance of worthless checks constitute gross misconduct, for which a lawyer may be sanctioned with
suspension from the practice of law. Lawyers are instruments for the administration of justice and
vanguards of our legal system. They are expected to maintain not only legal proficiency but also a
high standard of morality, honesty, integrity and fair dealing so that the people’s faith and confidence
in the judicial system is ensured. They must at all times faithfully perform their duties to society, to
the bar, the courts and to their clients, which include prompt payment of financial obligations. They
must conduct themselves in a manner that reflects the values and norms of the legal profession as
embodied in the Code of Professional Responsibility. Canon 1 and Rule 1.01 explicitly states that:
Canon 1— A lawyer shall uphold the constitution, obey the laws of the land and promote respect
for law and for legal processes.
Rule 1.01—A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct
Atty. Valerio’s conduct in the course of the IBP and court proceedings is also a matter of
serious concern. She failed to answer the complaint against her. Despite due notice, she failed to
attend the disciplinary hearings set by the IBP. She also ignored the proceedings before the court as
she likewise failed to both answer the complaint against her and appear during her arraignment,
despite orders and notices from the court. Clearly, this conduct runs counter to the precepts of the
Code of Professional Responsibility and violates the lawyer’s oath which imposes upon every member
of the Bar the duty to delay no man for money or malice. Atty. Valerio has failed to live up to the
values and norms of the legal profession as embodied in the Code of Professional Responsibility.
The Supreme Court ruled that the resolution dated December 11, 2008, issued by the IBP
declaring the respondent guilty of gross misconduct and violation of the Code of Professional
Responsibility is Affirmed with Modification. Therefore, respondent, Atty. Laarni N. Valerio is hereby
suspended for two (2) years from the practice of law. So ordered.