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DAHLIA S. GACIAS v. ATTY. ALEXANDER BULAUITAN

FACTS:

Complainant Dahlia Gacias filed a disbarment complaint against Atty. Alexander Bulauitan for dishonesty and grave misconduct. The parties entered into an agreement for the purchase of a 92-square meter portion of a land owned by the respondent. Complainant made initial and subsequent payments to the respondent, totaling P300,000. However, when complainant requested for the title of the property, the respondent failed to produce it. Complainant filed a criminal complaint against the respondent. The Integrated Bar of the Philippines (IBP) recommended a two-year suspension for the respondent.

ISSUES:

  1. Whether or not the respondent should be held liable for dishonesty and grave misconduct.

  2. Whether or not the recommended penalty of a two-year suspension is proper.

RULING:

  1. The Supreme Court found the respondent guilty of gross misconduct and dishonesty and suspended him from the practice of law for one year. The Court held that the respondent's conduct of mortgaging the property without informing the complainant was fraudulent and dishonest. While the respondent promised to return the amount paid by the complainant, the Court considered it a ploy to evade criminal prosecution. The Court emphasized that lawyers can be suspended or disbarred for any misconduct, even if it pertains to their private activities, as long as it shows a lack of honesty, probity, or good demeanor. The Court disagreed with the recommended two-year suspension and imposed a one-year suspension instead.

PRINCIPLES:

  • A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law. (Code of Professional Responsibility)

  • A member of the bar may be suspended or removed from office as an attorney for any deceit, malpractice, or misconduct in office. (Rules of Court)

  • Misconduct of a lawyer, even unrelated to the actual practice of his profession, can be a ground for disciplinary action. (Orbe v. Adaza)

  • Lawyers can be suspended or disbarred for any misconduct that shows them wanting in honesty, probity, or good demeanor, even if it pertains to their private activities.