Case Digest (A.C. No. 5951)
Facts:
Jutta Krursel v. Atty. Lorenza A. Abion, A.C. No. 5951, July 12, 2016, the Supreme Court En Banc, Per Curiam, writing for the Court. Complainant Jutta Krursel, a German national, filed a verified complaint on January 23, 2003 charging respondent Atty. Lorenza A. Abion with forgery, swindling, and falsification of a public document, and sought respondent’s disbarment.Krursel alleged she engaged Abion to pursue legal remedies against Robinsons Savings Bank (Ermita) for the bank’s alleged illegal withholding/blocking of her account. In March 2002 Abion filed a complaint before the Monetary Board I of the Bangko Sentral ng Pilipinas; on April 15, 2002 a letter withdrawing that complaint with prejudice was executed—Krursel claims she never authorized the withdrawal and that the April 15 letter bears forged conforming signatures of her and William Randeli Coleman. Krursel also discovered two Special Powers of Attorney dated March 7 and March 24, 2002, purporting to make Abion attorney‑in‑fact; she denied executing them and alleged the signatures were forged.
Krursel further alleged that Abion filed a Supreme Court petition (docketed G.R. No. 152946) seeking injunctive relief on March 24, 2002; Abion allegedly collected large sums from Krursel (itemized by Krursel) for Supreme Court filing, sheriff’s service, and other fees but failed to issue receipts. Abion purportedly presented a May 10, 2002 “Order” of the Court (signed by a Division Clerk) to account for her work; the Clerk later denied authorship and said the document did not follow Court format. Krursel also alleged Abion took Krursel’s passport to secure renewal and produced a fake renewed passport; Krursel later found her original passport in the bank’s custody. Krursel and Coleman filed a criminal complaint with the Quezon City Prosecutor.
The Court required Abion to comment by Resolution dated February 24, 2003; service efforts repeatedly failed (mail returned unclaimed or moved out), and a June 1, 2011 request for assistance to the National Bureau of Investigation likewise failed to locate Abion. On October 10, 2011 the Court referred the matter to the Integrated Bar of the Philippines (IBP) for investigation under Rule 139‑B. The IBP’s Commission on Bar Discipline set a mandatory conference (March 14, 2012) but notices were returned unserved and, by Order dated April 24, 2012, deemed the case submitted on the Complaint and attachments.
Investigating Commissioner Peter Irving C. Corvera filed a Report and Recommendation on July 6, 2013, recommending disbarment for fabrication and forgery of Special Powers of Attorney and a fabricated Supreme Court order, and for exaction of money without receipts—violations of the Code of Professional Responsibility (Canon 1 Rule 1.01; Canon 16 Rule 16.01; Canon ...(Subscriber-Only)
Issues:
- Did respondent’s evasion of service and failure to answer the complaint result in waiver of her right to present evidence and permit the proceedings to continue in her absence?
- Did respondent forge or cause the forgery of Krursel’s signatures and falsify a Supreme Court order, amounting to deceit, falsification of public documents, and gross misconduct warranting disbarment?
- Did complainant prove, by competent evidence, the amounts allegedly demanded and recei...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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