Professional Documents
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Document 32
Document 32
FACTS: This case stemmed from a complaint for disbarment filed by complainant Maria
Cristina G. Dayos (Dayos), as Corporate Secretary of GB Global Exprez, Inc. (GB
Global), against respondent Atty. Grace C. Buri (Atty. Buri).
According to Dayos, GB Global engaged the services of Atty. Buri to represent the
company in the case entitled Albert M Lugtu v. GB Global Exprez, Inc. and Benson
Chua. On January 3, 2018, Atty. Buri personally received from GB Global P135,501.00
to be posted as the company's appeal cash bond in the said case. Atty. Buri verbally
assured her that she was already preparing the pleadings and documents for the
appeal. Atty. Buri, however, ignored GB Global's demand for copies of the pleadings
and appeal document and receipt for the cash bond. Despite Atty. Buri's assurance, she
failed to file the appeal within the reglementary period, hence, the adverse decision of
the labor arbiter lapsed into finality, as evidenced by the Certificate of Finality1 dated
February 9, 2018, issued by Labor Arbiter Leandro M. Jose. Consequently, GB Global
had to engage the services of a new counsel in order to protect its interests.
Too, Atty. Buri had incurred advances from GB Global in the total amount of
P625,000.00 by way of retainer fee and appearance fees for a separate case, which
she failed to return to the company.
Issue: WON, Atty. Buri violated the CPRA and should be disbarred.
RULING: YES, ACCORDINGLY, respondent Atty. Grace C. Buri is found GUILTY of
violating Canons 17 and 18, and Rules 1.01, 16.01, 18.03, and 18.04 of the Code of
Professional Responsibility. She is DISBARRED from the practice of law and her name
is ORDERED stricken off from the Roll of Attorneys, effective immediately. She is also
meted a FINE in the amount of P10,000.00 for her disobedience to the orders of the
Integrated Bar of the Philippines.
ARSENIA T. BERGONIA, complainant, vs. Atty. ARSENIO A.
MERRERA, respondent. - A.C. No. 5024 (February 20, 2003)
FACTS: Complainant, together with her relatives, filed a case for the quieting of title
against her niece Josephine Bergonia, as well as Spouses Rodolfo and Remedios
Parayno and their minor daughter Gretchen. After due trial, (RTC) of Urdaneta,
Pangasinan, promulgated its Decision in favor of the Parayno spouses and their
daughter. On appeal, the CA affirmed the ruling of the trial court and the Decision
became final and executory.
Since the disputed land was still in the possession of complainant, the Paraynos
instituted to recover possession. After the Answer was filed, respondent became her
counsel of record. After due trial, the same RTC rendered its Decision ordering her to
vacate the premises and to surrender possession.
Thereafter, complainant appealed the RTC judgment to the CA. Respondent, as
counsel, received a Notice to File Brief. Acting on his Motion for extension to file the
appellant’s brief, the CA in its minute Resolution granted him until March 17, 1998 to do
so. Even before the first extension had lapsed, however, he again filed an Urgent
Second Motion for extension to file brief, praying that he be given until April 16, 1998 to
submit the required pleading. The CA again granted his Second Motion. Eventually, the
deadline, which had already been extended twice, lapsed without his filing the
appellant’s brief. Hence, the CA, upon motion of the appellees, dismissed the appeal.
ISSUE: WON, Atty. Arsenio Merrera violates CPRA by not filling the brief of
complainant and ask for further extension of time.
RULING: YES, WHEREFORE, Atty. Arsenio A. Merrera is hereby found guilty of
violating Canons 12 and 18 of the Canons of Professional Responsibility and
is SUSPENDED from the practice of law for a period of six (6) months from receipt of
this Decision. This Decision is immediately executory.
Rule 12.03
Rule 18.03
BUENAVISTA PROPERTIES VS. DELORIA (A.C. NO. 12160, AUGUST 14, 2018)
Facts: On May 7, 1992, BPI, a corporation duly organized and existing under Philippine
laws, entered into a Joint Venture Agreement (JVA) with La Savoie Development
Corporation (LSDC), represented by Atty. Deloria, for the development of a parcel of
land into a mixed-use commercial and residential subdivision and for the sale of the
subdivided lots. BPI alleged that the plans, applications, and other documents of LSDC
relative thereto were submitted to, processed, and evaluated by the Housing and Land
Use Regulatory Board (HLURB) at the time when Atty. Deloria was one of its
Commissioners.
LSDC then sold the subdivided lots, albeit at very low prices. Further, LSDC
misrepresented itself as the owner of the lots, prompting BPI to demand that LSDC
refrain from further selling them. However, LSDC disregarded BPI’s demands; hence,
the latter filed a complaint against the former for termination of contract, recovery of
property and damages, with prayer for the issuance of a temporary restraining order
and a writ of preliminary mandatory injunction (civil case) before the Regional Trial
Court (RTC) of Quezon City. With Atty. Deloria as counsel, LSDC filed an answer with
counterclaim and a prayer for the issuance of a writ of preliminary mandatory
injunction[8] to direct BPI to execute the deeds of absolute sale and release the
corresponding titles to the lot buyers.
Issue: Whether or not respondent lawyer is liable for violations of the Canons of
Professional Responsibility.
RULING: YES, WHEREFORE, respondent Atty. Amado B. Deloria is found GUILTY of
violating Rules 15.01 and 15.03 of Canon 15, Rule 12.02 of Canon 12, Canon 17, and
Rules 18.03 and 18.04 of Canon 18 of the Code of Professional Responsibility.
Accordingly, he is hereby SUSPENDED from the practice of law for a period of two (2)
years, effective upon his receipt of this Decision, with a STERN WARNING that a
repetition of the same or similar acts will be dealt with more severely.
The suspension from the practice of law shall take effect immediately upon receipt by
respondent of this Decision. Respondent is DIRECTED to immediately file a
Manifestation to the Court that his suspension has started, copy furnished all courts and
quasi-judicial bodies where he has entered his appearance as counsel.