G.R. No. A.C. No. 5951. July 12, 2016.
JUTTA KRURSEL, Complainant, vs. ATTY. LORENZA A. ABION, Respondent.

FACTS

Complainant Jutta Krursel, a German national, engaged the legal services of respondent Atty. Lorenza A. Abion to file a case against Robinsons Savings Bank for illegally blocking her account. Respondent filed a complaint before the Bangko Sentral ng Pilipinas Monetary Board in March 2002. Without complainant’s knowledge or consent, respondent withdrew this complaint with prejudice via a letter dated April 15, 2002, which contained forged signatures of complainant and William Randell Coleman. Complainant also discovered two Special Powers of Attorney (dated March 7 and March 24, 2002) appointing respondent as attorney-in-fact, which she claims bore her forged signature and which she never executed.
Respondent demanded and received from complainant a total of PHP 330,000 on May 7, 2002, purportedly for Supreme Court filing fees, sheriff’s fees, and a clerk’s expediting fee, but failed to issue receipts or account for these sums despite demand. Respondent later presented a fabricated Supreme Court Order dated May 10, 2002, purportedly signed by a Clerk of Court, which was verified as fake. Furthermore, while complainant was hospitalized, respondent obtained her German passport under the pretext of renewal, demanded and received PHP 440,000 for associated fees, and eventually presented a fake renewed passport. The original passport was later found to be in the possession of Robinsons Savings Bank.
Respondent evaded the proceedings by not updating her address with the IBP, causing court resolutions and notices to be returned unserved. The National Bureau of Investigation also failed to locate her. The case was referred to the Integrated Bar of the Philippines (IBP), which, after investigation, recommended disbarment.

ISSUE

Whether respondent Atty. Lorenza A. Abion should be disbarred for her acts constituting forgery, falsification, swindling, and gross misconduct.

RULING

Yes, respondent is DISBARRED. The Court found respondent guilty of gross misconduct, deceit, and willful disobedience of lawful court orders, warranting disbarment.
The Court held that respondent’s evasion of service of court resolutions and notices constituted willful disobedience of lawful orders, a ground for disbarment under Section 27, Rule 138 of the Rules of Court. Her failure to update her address with the IBP and her deliberate elusion of the judicial process waived her right to present evidence and could not shield her from liability.
On the substantive charges, while direct evidence was insufficient to conclusively prove respondent forged the Special Powers of Attorney, her actions in relation to the withdrawn complaint and the fabricated Supreme Court Order established deceit and malpractice. By withdrawing the client’s complaint without authority and presenting a falsified court order to mislead the client into believing a favorable resolution was obtained, respondent committed gross dishonesty. Furthermore, her failure to account for and issue receipts for the substantial sums of money received from the client, coupled with the exaction of fees for non-existent or fraudulent services (passport renewal), violated Canons 1, 16, and 17 of the Code of Professional Responsibility. These acts demonstrated a betrayal of the attorney’s oath and a lack of the integrity required of a member of the bar.
Respondent’s actions, taken together, showed her unfitness to practice law. Accordingly, the Court ordered her name stricken from the Roll of Attorneys.