G.R. No. 150382 - People vs. Basite

Maria Cristina G. Dayos (Dayos), acting as Corporate Secretary of GB Global Exprez, Inc. (GB Global), engaged Atty. Grace C. Buri (Atty. Buri) to represent the company in a labor case entitled Albert M. Lugtu v. GB Global Exprez, Inc. and Benson Chua (NLRC Case No. RAB-III-02-25312-17).
On January 3, 2018, Atty. Buri personally received ₱135,501.00 from GB Global as an appeal cash bond for the case. She assured that she was preparing the necessary pleadings and appeal.

Despite assurances, Atty. Buri ignored demands for pleadings copies, appeal documents, and receipts for the cash bond.
She failed to file the appeal within the reglementary period, causing the labor arbiter’s adverse decision to become final, as shown by the Certificate of Finality dated February 9, 2018.
GB Global had to hire a new counsel to protect its interests.
Atty. Buri also incurred advances totaling ₱625,000.00 from GB Global for a separate case (retainer and appearance fees), which she failed to return.

On November 13, 2019, IBP issued a Notice of Mandatory Conference directing parties to appear and submit briefs by December 16, 2019. Only Dayos complied.
The conference was reset multiple times (February 3, 2020, February 11, 2020, March 16, 2020, August 17, 2020) including orders to conduct it via video conferencing due to the State of Public Health Emergency.
Respondent Atty. Buri did not attend any of these conferences nor submit briefs or position papers despite directives.
On January 25, 2021, the mandatory conference was terminated, and both parties were ordered to submit verified position papers within 10 days. Dayos complied, but Atty. Buri did not.
On May 10, 2021, Dayos informed IBP that Atty. Buri had settled her full monetary obligation of ₱760,501.00 including the appeal bond, and GB Global no longer wished to pursue the case.

On November 8, 2021, the Investigating Commissioner recommended disbarment based on serious infractions and two prior administrative cases against Atty. Buri:

Yap v. Atty. Buri – guilty of violating Rule 1.01 (Canon 1) and Rule 7.03 (Canon 7), suspended for one year.
Go v. Atty. Buri – guilty of violations of Rule 1.01 (Canon 1), Canon 15, Rules 16.01 and 16.03 (Canon 16), and Rule 18.03 (Canon 18), suspended for two years.

In the present case, she was found guilty of violating Rule 16.01 (Canon 16) for failure to account for client money, and Rules 1.01 (Canon 1), Canon 17, and Rule 18.04 (Canon 18) for failure to diligently pursue the appeal and post the appeal bond.
The IBP Board of Governors approved this recommendation and resolved to impose disbarment, taking into account the prior sanctions as aggravating circumstances.

Whether or not the disbarment case may proceed despite the complainant’s desistance and GB Global’s expressed lack of interest to pursue the complaint.
Whether Atty. Grace C. Buri is liable for violations of the Code of Professional Responsibility (CPR) due to her failure to refund client money, failure to file the appeal, and disregard of IBP orders.
What penalty should be imposed on Atty. Buri considering prior administrative sanctions and the gravity of her misconduct.