Case Digest (A.C. No. 7446)
Facts:
Michelle A. Buenaventura v. Atty. Dany B. Gille, A.C. No. 7446, December 09, 2020, the Supreme Court En Banc, Per Curiam.
Complainant Michelle A. Buenaventura consulted respondent Atty. Dany B. Gille in 2006 regarding a property mortgaged to her and retained him for legal services for P25,000.00; respondent prepared, among other things, an adverse claim on the mortgaged property. Thereafter, Atty. Gille borrowed P300,000.00 from Michelle and, as collateral, gave her a copy of Transfer Certificate of Title No. N-272977 (allegedly covering a 1,000-sq. m. Quezon City lot) and a postdated check for August 10, 2006.
When Michelle and her father checked with the Register of Deeds, Atty. Elbert T. Quilala informed them the TCT was a forgery issued by a syndicate. Michelle demanded repayment. Respondent promised payment on July 18, 2006 but failed to pay; he instead executed a notarized promissory note acknowledging the postdated check and promising payment on September 10, 2006. The deposited check was later dishonored for reason "Account Closed."
Michelle filed a criminal complaint for estafa with the Office of the City Prosecutor of Quezon City and filed the present administrative Petition for Suspension and Disbarment with the Integrated Bar of the Philippines (IBP) alleging deceit and gross immoral conduct. The mandatory IBP conference was repeatedly reset; respondent was given a non-extendible 10-day period to answer but failed to file an answer or verified position paper and did not participate in the administrative investigation.
The IBP Investigating Commissioner, Atty. Victor C. Fernandez, found Atty. Gille guilty of Gross Misconduct, recommending a two-year suspension and return of P300,000.00. The IBP Board of Governors adopted the findings but modif...(Pro-only)
Issues:
- Is Atty. Dany B. Gille guilty of Gross Misconduct warranting disciplinary sanction?...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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