Case Digest (A.C. No. 7446) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Michelle A. Buenaventura v. Atty. Dany B. Gille, decided December 9, 2020 (892 Phil. 1, EN BANC, A.C. No. 7446), the complainant Michelle consulted respondent Atty. Gille in 2006 regarding her mortgaged property. Atty. Gille agreed to render legal services for ₱25,000 and subsequently prepared an adverse claim for her. Thereafter, he borrowed ₱300,000 from Michelle, delivering as collateral a copy of Transfer Certificate of Title No. N-272977, allegedly covering a 1,000-square-meter Quezon City parcel worth ₱20 million, and a check postdated August 10, 2006. Upon inquiry at the Register of Deeds, Michelle and her father were informed by the RD’s Atty. Quilala that the TCT was forged. They demanded repayment, and Atty. Gille promised payment on July 18, 2006 but failed to comply. Instead, he issued a notarized promissory note acknowledging the postdated check and promising settlement by September 10, 2006. The check was dishonored for “Account Closed,” prompting Michelle to fi Case Digest (A.C. No. 7446) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Engagement and loan transaction
- In 2006, Michelle A. Buenaventura consulted Atty. Dany B. Gille regarding recovery of a property mortgaged to her; she paid him ₱25,000.00 for legal services, including the preparation of an adverse claim.
- Subsequently, Atty. Gille borrowed ₱300,000.00 from Michelle. As collateral, he delivered a copy of Transfer Certificate of Title No. N-272977 (purporting to cover a 1,000-sqm lot in Quezon City worth ₱20 million) and a postdated check dated August 10, 2006.
- Discovery of forgery and dishonored check
- Upon verification at the Quezon City Register of Deeds, Atty. Elbert T. Quilala informed Michelle and her father that the TCT was a forgery issued by a syndicate.
- Michelle and her father demanded repayment; Atty. Gille promised to pay on July 18, 2006 but failed. He then executed a notarized promissory note acknowledging the postdated check and promising payment on September 10, 2006. When Michelle deposited the check, it was dishonored for “Account Closed.”
- Administrative and criminal proceedings
- Michelle filed a criminal complaint for estafa against Atty. Gille before the Quezon City Prosecutor’s Office and a petition for suspension or disbarment with the Integrated Bar of the Philippines (IBP) for alleged deceit and gross immoral conduct.
- Despite due notices, Atty. Gille did not submit an answer or position papers. The IBP Investigating Commissioner found him guilty of gross misconduct, recommended a two-year suspension and repayment of ₱300,000.00. The IBP Board of Governors adopted these findings with the additional directive to pay legal interest on the loan from demand.
Issues:
- Whether Atty. Dany B. Gille is guilty of gross misconduct warranting disciplinary sanction.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)