AC 13368; (May, 2024) (Digest)
G.R. No. A.C. No. 13368, May 21, 2024
WILLIAM S. UY, COMPLAINANT, VS. ATTY. ELERIZZA A. LIBIRAN-METEORO, RESPONDENT.
FACTS
Complainant William S. Uy, a representative of Maliliw Lending Corporation, alleged that in the last quarter of 2012, respondent Atty. Elerizza A. Libiran-Meteoro applied for a personal loan and issued three post-dated checks as payment. Two of these checks, RCBC Savings Bank Check Nos. 1492854 and 1492855, dated March 14, 2013, and April 14, 2013, each for PHP 122,500.00, were dishonored upon deposit due to “ACCOUNT CLOSED” and “DAIF” (drawn against insufficient funds). Despite demands, Atty. Libiran-Meteoro ignored the complainant’s calls and failed to pay her debt. The complainant also noted that the respondent had been previously suspended from the practice of law for six months in 2004 for gross misconduct involving the issuance of bouncing checks. During the proceedings before the Integrated Bar of the Philippines Commission on Bar Discipline (IBP-CBD), notices sent to the respondent’s various addresses were either returned or she failed to appear. She did not file a verified answer or a mandatory conference brief.
ISSUE
1. Whether Atty. Libiran-Meteoro is administratively liable for issuing two worthless checks which were dishonored.
2. Whether she is administratively liable for her failure to file her answer and mandatory conference brief.
RULING
1. Yes, Atty. Libiran-Meteoro is administratively liable for issuing worthless checks. The Court found her guilty of gross misconduct. Applying the Code of Professional Responsibility and Accountability (CPRA), her act of issuing worthless checks constitutes unlawful, dishonest, and deceitful conduct in violation of Canon II, Sections 1 and 2. Issuing valueless checks violates Batas Pambansa Blg. 22 and demonstrates a lawyer’s unfitness to practice law, showing a lack of honesty, integrity, and good moral character. Her prior suspension for a similar offense in Barrientos v. Atty. Libiran-Meteoro was considered an aggravating circumstance.
2. Yes, Atty. Libiran-Meteoro is administratively liable for her failure to file her answer and mandatory conference brief. Her disregard of the IBP-CBD’s lawful orders and failure to participate in the proceedings constitute a violation of her duty as a lawyer to respect legal processes, warranting disciplinary action.
DISPOSITIVE:
Atty. Elerizza A. Libiran-Meteoro is found GUILTY of gross misconduct. She is DISBARRED from the practice of law, and her name is ORDERED STRICKEN from the Roll of Attorneys. She is further ORDERED to pay a fine of PHP 15,000.00 for her failure to comply with the IBP-CBD’s directives. She is DIRECTED to return the amount of PHP 245,000.00 to complainant William S. Uy, with legal interest from the finality of this decision until full payment. Copies of the decision shall be furnished to various judicial and bar institutions for dissemination.