Maria Cristina G. Dayos Vs. Atty. Grace C.
Buri
A.C. No. 13504
CANON 1 A lawyer shall uphold the constitution, obey the laws of the land and promote
respect for law of and legal processes.
CANON 16 A lawyer shall hold in trust all moneys and properties of his client that may
come into his procession.
CANON 17 A lawyer owes fidelity to the cause of his client and he shall be mindful of
the trust and confidence reposed in him.
CANON 18 A lawyer shall serve his client with competence and diligence.
FACTS:
The complainant in the case is Maria Cristina G. Dayos, who is the Corporate Secretary
of GB Global Exprez, Inc. The respondent in the case is Atty. Grace C. Buri. The
complaint for disbarment was filed by Maria Cristina G. Dayos against Atty. Grace C.
Buri. GB Global Exprez, Inc. engaged the services of Atty. Buri to represent the
company in a case before the labor arbiter.
On January 3, 2018, Atty. Buri received P135,501.00 from GB Global to be posted as
the company's appeal cash bond in the case. Atty. Buri verbally assured Dayos that she
was preparing the pleadings and documents for the appeal. Atty. Buri ignored GB
Global's demand for copies of the pleadings and appeal documents and failed to file the
appeal within the reglementary period. The adverse decision of the labor arbiter became
final and GB Global had to engage the services of a new counsel.
Atty. Buri also incurred advances from GB Global in the amount of P625,000.00 for a
separate case, which she failed to return. The Integrated Bar of the Philippines (IBP)
issued a Notice of Mandatory Conference on November 13, 2019. Only Dayos
submitted her brief and attended the initial conference.
The conference was reset multiple times due to the COVID-19 pandemic and was
eventually conducted via video conferencing. Atty. Buri did not attend any of the
conferences. The Investigating Commissioner terminated the mandatory conference on
January 25, 2021, and ordered both parties to file their respective position papers.
Dayos complied with the order, but Atty. Buri did not. Dayos manifested on May 10,
2021, that Atty. Buri had already paid GB Global her full monetary obligation, and GB
Global was no longer interested in pursuing the case.
The Investigating Commissioner recommended the disbarment of Atty. Buri, considering
her serious infractions in the present case and in two previous administrative cases.
The IBP Board of Governors approved and adopted the Investigating Commissioner's
recommendation, imposing the extreme penalty of disbarment on Atty. Buri. The Court
ruled that membership in the Bar is a privilege burdened with conditions, including
honesty, fidelity, and integrity.
Atty. Buri's lack of essential qualifications and her serious breach of trust and
confidence led to her disbarment. The Court emphasized the importance of honesty, fair
dealing, and propriety in the conduct of lawyers. Atty. Buri's misconduct violated Canons
1, 16, 17, and 18 of the Code of Professional Responsibility (CPR). The Court held that
a disbarment case may proceed despite a complainant's desistance or failure to
prosecute.
ISSUE:
Whether Atty. Buri should be disbarred for her violations of the Code of Professional
Responsibility.
RULING:
The Supreme Court affirmed the disbarment of Atty. Buri. The Court emphasized the
essential qualifications required of lawyers, such as honesty, fidelity, and integrity. Atty.
Buri's actions violated Canons 1, 16, 17, and 18 of the CPR. The Court noted her
previous sanctions for similar unprofessional conduct. Atty. Buri's multiple infractions
demonstrated disrespect for the law and legal processes, as well as a serious breach of
trust and confidence. Disbarment was deemed necessary to protect the public, foster
public confidence in the Bar, preserve the integrity of the profession, and deter other
lawyers from similar misconduct.
The Court imposed the ultimate penalty of disbarment on Atty. Buri, considering her
multiple infractions and previous sanctions. Atty. Buri was also fined P10,000.00 for her
disobedience to the orders of the IBP. The Court emphasized that the power to disbar
must be exercised with caution and for the purpose of protecting the public, fostering
public confidence in the Bar, preserving the integrity of the profession, and deterring
similar misconduct by other lawyers. Atty. Buri's name is ordered to be stricken off from
the Roll of Attorneys, and a copy of the decision is to be attached to her personal record
in the Office of the Bar Confidant. Copies of the decision are to be furnished to the IBP
and the Office of the Court Administrator for dissemination to all courts in the
Philippines.
