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MICHELLE A. BUENAVENTURA v. ATTY. DANY B. GILLE

FACTS:

Complainant Michelle Buenaventura consulted Atty. Dany Gille in 2006 regarding a property mortgaged to her. Atty. Gille offered his legal services to Michelle for a fee of P25,000.00. As part of the arrangement, Michelle borrowed P300,000.00 from Atty. Gille, who gave her a copy of a Transfer Certificate of Title (TCT) No. N-272977 as collateral. However, when Michelle and her father went to the Register of Deeds (RD) of Quezon City, they discovered that the TCT was a forgery. Michelle demanded the return of the loaned amount, and Atty. Gille promised to pay on a certain date but failed to fulfill his promise. Michelle then deposited a check issued by Atty. Gille, but the check bounced due to "Account Closed". Michelle filed a criminal complaint for Estafa against Atty. Gille and also filed a Petition for suspension or disbarment due to his alleged deceit and gross immoral conduct. Atty. Gille failed to submit his answer and position paper during the proceedings before the Integrated Bar of the Philippines (IBP). The Investigating Commissioner found Atty. Gille liable for Gross Misconduct and recommended his suspension from the practice of law for two years and the return of the loaned amount. The IBP Board of Governors, in its resolution, adopted the findings with the modification that Atty. Gille should also pay legal interest on the loaned amount.

ISSUES:

  1. Whether Atty. Gille violated Rule 16.04, Canon 16 of the CPR by borrowing money from his client.

  2. Whether Atty. Gille's acts constitute gross misconduct and warrant disciplinary action.

  3. Whether Michelle's interests were fully protected when Atty. Gille obtained the loan.

  4. Whether Atty. Dany B. Gille is guilty of violating Rules 1.01, 7.03, and 16.04 of the Code of Professional Responsibility (CPR) and the Lawyer's Oath.

  5. Whether the penalty of disbarment is warranted.

RULING:

  1. Atty. Gille indeed violated Rule 16.04, Canon 16 of the CPR by borrowing money from his client.

  2. Atty. Gille's acts constitute gross misconduct and warrant disciplinary action.

  3. Michelle's interests were not fully protected when Atty. Gille obtained the loan.

  4. Atty. Dany B. Gille is found guilty of violating Rules 1.01, 7.03, and 16.04 of the CPR and the Lawyer's Oath.

  5. Atty. Dany B. Gille is disbarred from the practice of law and his name is stricken off from the Roll of Attorneys, effective immediately. He is also ordered to pay a fine of P5,000.00 for his disobedience to the orders of the Integrated Bar of the Philippines.

PRINCIPLES:

  • Possession of good moral character is a continuing requirement for lawyers to maintain their membership in the Bar in good standing.

  • Gross misconduct is defined as improper or wrong conduct, transgression of an established rule of action, a forbidden act, a dereliction of duty, willful in character, and implies a wrongful intent and not a mere error in judgment.

  • In a disbarment proceeding, the burden of proof rests upon the complainant to establish with substantial evidence that the lawyer committed acts or omissions reflecting their unfitness to be a member of the Bar.

  • The act of borrowing money from a client by a lawyer is highly uncalled for and degrades the client's trust and confidence in the lawyer, which may be a ground for disciplinary action.

  • The relationship between a lawyer and their client is imbued with trust and confidence, and the lawyer is prohibited from taking advantage of their influence over the client.

  • The conduct for which a lawyer may be disciplined encompasses both their professional and private capacity and may include any act that manifests a lack of moral character, honesty, probity, and good demeanor.

  • A lawyer must possess a high standard of honesty and fairness in both professional and personal dealings. The lawyer's behavior should be beyond reproach anywhere and at all times. Lawyers have the highest degree of social responsibility and are mandated to behave in a manner consistent with truth and honor.

  • Lawyers may be disciplined for any conduct, whether in their professional or private capacity, if such conduct renders them unfit to continue as officers of the court.

  • Prompt payment of financial obligations is one of the duties of a lawyer. Lawyers are mandated to faithfully perform their duties to society, the bar, the courts, and their clients.

  • The issuance of checks which are later dishonored for having been drawn against a closed account shows a lawyer's unfitness for the trust and confidence reposed on him. It reflects the lawyer's lack of personal honesty and good moral character.

  • Lawyers must give due respect to the Integrated Bar of the Philippines and its proceedings. They must comply with the orders and processes of the IBP, which is designated by the Court to investigate complaints against erring lawyers.

  • Misconduct, such as abuse of trust and confidence, unlawful, dishonest, and deceitful conduct, can be grounds for disbarment or suspension from the practice of law.

  • Violation of Rules 1.01, 7.03, and 16.04 of the CPR and the Lawyer's Oath constitutes gross misconduct.

  • Disbarment is the ultimate penalty that can be imposed for gross misconduct.