CASE 123: MICHELLE A. BUENAVENTURA, VS. ATTY. DANY B. GILLE, (A.C. No. 7446, DECEMBER 20, 2020, PERCURIAM:) (SUBJECT/S: LAWYER BORROWING MONEY FROM CLIENT, GIVING FAKE TITLE AS COLLATERAL, ISSUING BOUNCED CHECK, NOT FILING ANSWER TO COMPLAINT AT IBP) (BRIEF TITLE: BUENAVENTURA VS ATTY. GILLE)

DISPOSITIVE:

“WHEREFORE, Atty. Dany B. Gille is found GUILTY of violating Rules 1.01, 7.03, and 16.04, of the Code of Professional Responsibility, and of the Lawyer’s Oath. He is thus DISBARRED from the practice of law and his name stricken off from the Roll of Attorneys, effective immediately.

Atty. Dany B. Gille is also hereby meted a FINE in the amount PS,000.00 for his disobedience to the orders of the Integrated Bar of the Philippines.

Let a copy of this Decision be furnished to the Office of the Bar Confidant to be entered into Atty. Dany B. Gille’s records. Copies shall likewise be furnished to the (a) Integrated Bar of the Philippines, which shall disseminate copies thereof to all its Chapters; (b) all administrative and quasi-judicial agencies of the Republic of the Philippines; and ( c) the Office of the Court Administrator for circulation to all courts concerned.

So Ordered.”

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

ATTY GILLE BORROWED MONEY FROM HIS CLIENT MICHELLE BUENAVENTURA USING FAKE TITLE AS COLLATERAL. LATER HE ISSUED CHECK AS PAYMENT WHICH BOUNCED. COMPLAINT WAS FILED AT IBP. ATTY GILLE FAILED TO FILE ANSWER AND POSITION PAPER. IBP RECOMMENDED THAT HE BE SUSPENDED FOR TWO YEARS. SC DISBARRED HIM.

BY BORROWING MONEY FROM HIS CLIENT WHAT RULE DID ATTY GILLE VIOLATE?

“Atty. Gille violated Rule 16.04, Canon 16 of the CPR, which prohibits a lawyer from borrowing money from his clie t unless the client’s interests are fully protected, to wit:

CANON 16-A LAWYER SHALL HOIJ,D IN TRUST ALL MONIES AND PROPERTIES OF HIS CLIENTS T AIT MAY COME INTO HIS POSSESSION.

Rule 16.04 -A lawyer shall not borrow money from his client unless the client’s interests are fully protected by t e nature of the case or by independent advice. Neither shall a lawyer lefd money to a client except, when in the interest of justice, he has to advance! necessary expenses in a legal matter he is handling for the client.

It is undisputed that Atty. Gille secured a loan from Michelle. The mere act of borrowing money from his client is confidered unethical and an abuse of the latter’s confidence reposed upon him. I In doing so, Atty. Gille took advantage of his influence over his client Mi’rhelle. 10 Further, Michelle was at a disadvantage because of respondent’s abilit~ to use all the legal maneuverings to evade his obligation. 11”

BY GIVING AS COLLATERAL A FAKE TITLE AND BY ISSUING BOUNCED CHECK WHAT RULE DID ATTY GILLE VIOLATE?

“Rule 1.01, Canon 1 of the CPR provides that “A lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct.” The “conduct” under the Rule does not pertain solely to a lawyer’s performance of professional duties. 15 It has long been settled that “[a] lawyer may be disciplined for misconduct committed either in his or her professional or private capacity. The test is whether [a lawyer’s conduct manifests his or her wanting] in moral character, honesty, probity, and good demeanor, or [unworthiness] to continue as an officer of the court.”

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