Case Digest (A.C. No. 13368)
Facts:
This case involves complainant William S. Uy, representative of Maliliw Lending Corporation, and respondent Atty. Elerizza A. Libiran-Meteoro, a lawyer accused of gross misconduct. In late 2012, Atty. Libiran-Meteoro assisted her client Rowena Lopez in a transaction with Maliliw Lending Corporation. Afterwards, Atty. Libiran-Meteoro applied for a personal loan herself, promising repayment with post-dated checks. She issued three post-dated checks, including RCBC Savings Bank Check No. 1492854 dated March 14, 2013, and Check No. 1492855 dated April 14, 2013, each for PHP 122,500.00. Both checks were dishonored upon deposit due to insufficient funds and account closure. Uy’s calls to Atty. Libiran-Meteoro seeking payment were ignored. Uy discovered that in 2014, she was previously suspended for six months for similar misconduct involving bouncing checks. The Integrated Bar of the Philippines-Commission on Bar Discipline (IBP-CBD) attempted to serve Atty. Libiran-Meteoro notices at...Case Digest (A.C. No. 13368)
Facts:
- Parties and Background
- William S. Uy (Complainant) alleged Atty. Elerizza A. Libiran-Meteoro (Respondent) committed gross misconduct by issuing bouncing checks and failing to pay her debts despite demands.
- Uy represented Maliliw Lending Corporation.
- Late 2012, Atty. Libiran-Meteoro accompanied client Rowena Lopez for a transaction at Maliliw Lending Corporation.
- Later, Atty. Libiran-Meteoro applied for a personal loan from Maliliw Lending Corporation, promising repayment via post-dated checks.
- Issuance and Dishonor of Checks
- Atty. Libiran-Meteoro issued three post-dated checks; two are noted:
- RCBC Savings Bank Check No. 1492854 dated March 14, 2013 for PHP 122,500.00
- Check No. 1492855 dated April 14, 2013 for PHP 122,500.00
- When deposited, these checks were dishonored due to “ACCOUNT CLOSED” and “DAIF” (insufficient funds).
- Uy tried contacting Atty. Libiran-Meteoro to pay but was ignored.
- Prior History of Suspension
- Atty. Libiran-Meteoro was previously suspended for six months for gross misconduct involving bouncing checks (Barrientos v. Atty. Libiran-Meteoro).
- Despite suspension, she allegedly committed the same misconduct again against Uy.
- Proceedings before the IBP-Commission on Bar Discipline (IBP-CBD)
- Complaint sent to her last known address; instructed to submit a verified answer within 15 days.
- She failed to file an answer.
- Mandatory conference scheduled May 22, 2014; parties ordered to submit briefs.
- Notices sent to three different addresses:
- First address returned "Unknown."
- Second address found vacant since 2006.
- Third address notice served but no appearance.
- Report and Recommendation by IBP-CBD
- Found Atty. Libiran-Meteoro guilty of violating Canon 1 of the Code of Professional Responsibility.
- Recommended suspension for one year and ordering payment of PHP 245,000.00 to Uy.
- Determined no deprivation of due process despite inability to locate her for appearances.
- IBP Board of Governors’ (BOG) Resolution
- Approved the IBP-CBD recommendations with modifications:
- Added fine of PHP 15,000.00 for failure to file answer and brief, and non-appearance.
- Deleted recommendation to pay PHP 245,000.00 as proper subject of a civil case.
Issues:
- Whether Atty. Libiran-Meteoro is administratively liable for issuing the two worthless bounced checks.
- Whether she is administratively liable for failure to file answers and mandatory conference briefs.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)