Title
Supreme Court
Go vs. Buri
Case
A.C. No. 12296
Decision Date
Dec 4, 2018
Atty. Grace C. Buri misrepresented filing an annulment petition, failed to act diligently, and refused to refund fees, violating professional ethics, resulting in a 2-year suspension and repayment of P188,000.

Case Digest (A.C. No. 12296)
Expanded Legal Reasoning Model

Facts:

  • Engagement and Initial Payment
    • Complainant Pia Marie B. Go engaged respondent Atty. Grace C. Buri in September 2012 to handle the annulment of her marriage.
    • On January 17, 2013, complainant paid respondent a total of P150,000.00 as a “package engagement fee” and for professional legal services.
  • Alleged Filing and Communication Issues
    • Shortly after the initial payment, complainant was informed that a petition for annulment had already been filed before the Regional Trial Court (RTC) of Muntinlupa, yet no copy of the petition was furnished to her despite repeated requests.
    • In February 2013, when complainant requested that her case be “held” due to personal issues, respondent responded by “withdrawing” the supposedly filed petition.
  • Resumption of the Case and Additional Fee
    • In February 2015, complainant, having decided to proceed with the annulment, attempted to contact respondent for the continuation of the case.
    • With the help of a lawyer friend, complainant eventually reached respondent who then demanded an additional P38,000.00 purportedly for the “re-filing” of the case; complainant reluctantly remitted the said amount.
  • Document Requests and Discovery of Irregularity
    • Complainant repeatedly demanded respondent to furnish her copies of the original and re-filed petition and to issue receipts for the money remitted, but respondent either failed or refused to comply.
    • Growing suspicious, complainant personally verified with the RTC and discovered that no petition for annulment had been filed on her behalf.
  • Confrontation and Subsequent Developments
    • Upon discovering the irregularity, complainant confronted respondent, who then promised to file the petition.
    • Despite repeated assurances, respondent continuously failed to file the petition, resulting in a loss of trust from the complainant who then demanded a return of her money.
    • Respondent offered to return only half of the amount remitted, which was not fulfilled, forcing complainant to file the complaint.
  • IBP-CBD Proceedings and Report
    • A verified complaint was filed on December 15, 2015 before the Integrated Bar of the Philippines - Commission on Bar Discipline (IBP-CBD).
    • The IBP-CBD mandated a Mandatory Conference; complainant complied while respondent failed to attend and submit her conference brief, leading the IBP-CBD to deem her absence as a waiver of participation.
    • In a Report and Recommendation dated January 30, 2017, the Investigating Commissioner found respondent administratively liable, recommending a suspension of one (1) year and advising complainant to pursue claims for the remitted funds through independent action.
    • The IBP Board of Governors later modified the recommendation by extending the suspension to two (2) years, ordering the return of P188,000.00 to complainant, and imposing an additional fine of P5,000.00 for respondent’s failure to comply with the directive to file an answer.

Issues:

  • Whether respondent, Atty. Grace C. Buri, should be administratively sanctioned for her failure to file the annulment petition and for her subsequent inaction.
  • Whether respondent’s misrepresentations—asserting that she filed, withdrew, and re-filed the petition—constitute professional misconduct as defined under the Code of Professional Responsibility (CPR).
  • Whether respondent’s failure to return the total legal fees amounting to P188,000.00 violates her fiduciary duties under the CPR, particularly the provisions on accounting for and delivering client funds.
  • The appropriateness and extent of the disciplinary measures, including suspension, imposition of a fine, and order to return the legal fees, in light of similar precedents in disciplinary jurisprudence.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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