G.R. No. A.C. No. 13504. January 31, 2023
Maria Cristina G. Dayos, Complainant, vs. Atty. Grace C. Buri, Respondent.

FACTS

Complainant Maria Cristina G. Dayos, as Corporate Secretary of GB Global Exprez, Inc. (GB Global), filed a disbarment complaint against respondent Atty. Grace C. Buri. GB Global engaged Atty. Buri to represent it in a labor case. On January 3, 2018, Atty. Buri personally received P135,501.00 from GB Global to post as an appeal cash bond and assured the company she was preparing the appeal. However, Atty. Buri failed to file the appeal within the reglementary period, causing the adverse decision to become final, and ignored demands for copies of pleadings and a receipt. She also failed to return advances totaling P625,000.00 for retainer and appearance fees in a separate case. During the IBP proceedings, Atty. Buri did not attend mandatory conferences or submit required pleadings. On May 10, 2021, Dayos manifested that Atty. Buri had fully paid her monetary obligation of P760,501.00 and that GB Global was no longer interested in pursuing the case. The IBP Investigating Commissioner found Atty. Buri violated multiple provisions of the Code of Professional Responsibility (CPR), considering her prior disciplinary record (suspension for one year in Yap v. Atty. Buri and for two years in Go v. Atty. Buri), and recommended disbarment, which the IBP Board of Governors approved.

ISSUE

Whether Atty. Grace C. Buri should be disbarred for violations of the Code of Professional Responsibility, specifically for failing to account for client funds, failing to file an appeal, and neglecting her duties, considering her prior disciplinary sanctions.

RULING

Yes, Atty. Grace C. Buri is disbarred. The Court emphasized that membership in the bar is a privilege conditioned on maintaining honesty, fidelity, and integrity. A disbarment case is sui generis and proceeds despite a complainant’s desistance or settlement. Atty. Buri violated Canons 1, 16, 17, and 18 of the CPR. She failed to account for and return the P135,501.00 received for the appeal bond, neglected to file the appeal causing finality of an adverse decision, and breached her fiduciary duty. Her failure to participate in the IBP proceedings demonstrated indifference. Her prior suspensions for similar misconduct (Yap v. Atty. Buri for violations of Rule 1.01, Canon 1 and Rule 7.03, Canon 7; and Go v. Atty. Buri for violations of Rule 1.01, Canon 1, Canon 15, Rules 16.01 and 16.03 of Canon 16, and Rule 18.03 of Canon 18) were considered aggravating circumstances. The Court found her repeated infractions showed she was unfit to remain a member of the legal profession, warranting disbarment to protect the public and the integrity of the bar.