Case Summary (A.C. No. 6707)
Complaint Allegations
Huyssen alleged that Gutierrez advised her to deposit US$20,000 in order to have their visa applications favorably processed. The total amount was deposited in six transactions between April 1995 and April 1996. Despite believing this requirement was legally mandated, Gutierrez failed to return the funds after promising various timelines for their return. Huyssen later learned that Gutierrez had issued postdated checks that were subsequently dishonored due to insufficient funds.
Response from the Respondent
In his Counter-Affidavit, Gutierrez denied the allegations, claiming he never physically received the money and instead suggested that the funds were paid to a lawyer, Atty. Mendoza, for services related to the visa applications. He explained that he facilitated the Huyssens’ visa process and claimed the money had been misrepresented as the funds required for their applications.
Investigation and Findings
The Integrated Bar of the Philippines (IBP) initiated an investigation. Evidence presented included letters Gutierrez sent to Huyssen, where he acknowledged the receipt of the funds and promised repayment. Despite multiple opportunities to present his evidence, Gutierrez failed to appear at various hearing dates, thus leading Investigating Commissioner Milagros V. San Juan to recommend disbarment, emphasizing that Gutierrez admitted to receiving the funds.
Disciplinary Actions and Legal Standards
The IBP found Gutierrez's actions constituted a violation of the Code of Professional Responsibility, particularly Rule 6.02, as he used his position to promote a private interest, causing a loss of trust in the legal profession. The recommendation for disbarment was later affirmed by the IBP Board of Governors due to these violations and Gutierrez'
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Case Background
- The case involves a Complaint for Disbarment filed by Gisela Huyssen against Atty. Fred L. Gutierrez, a former employee of the Bureau of Immigration and Deportation (BID).
- The complaint arises from allegations that Atty. Gutierrez misappropriated a total of US$20,000 provided by Huyssen for the processing of her and her sons' visa applications under Section 13[g] of the Immigration Law.
Allegations of Misappropriation
- In 1995, Huyssen and her three sons, all American citizens, applied for Philippine Visas.
- Respondent Gutierrez informed Huyssen that a monetary deposit was necessary for the favorable processing of their visa applications, claiming this was a legal requirement.
- Huyssen deposited US$20,000 in total to Gutierrez over six transactions from April 1995 to April 1996, receiving vouchers as proof but no official receipts despite repeated requests.
Failure to Return the Money
- After one year, Huyssen requested the return of her deposit. Gutierrez assured her that the amount would be returned.
- Following his failure to comply, a demand letter was sent by the World Mission for Jesus, of which Huyssen was a member.
- In a letter dated March 1, 1999, Gutierrez promised to release the amount by March 9, 1999, but failed to do so.
Issuance of Bad Checks
- Gutierrez sent Huyssen two postdated checks, which w