Gacias v. Bulauitan

EN BANC
[A.C. No. 7280. November 16, 2006.]
DAHLIA S. GACIAS , complainant, vs . ATTY. ALEXANDER BULAUITAN ,

respondent.
DECISION
GARCIA , J : p
Before the Court is a complaint for disbarment instituted by the herein

complainant Dahlia S. Gacias against Atty. Alexander Bulauitan on grounds of
dishonesty and grave misconduct.
Herein respondent Atty. Alexander Bulauitan used to own a parcel of land with an
area of 1,242 square meters located at Tuguegarao City and covered by Transfer
Certi cate of Title No. T-79190. Sometime in February 1996, complainant and
respondent entered into an agreement for the purchase, on installment basis, of a 92-
square meter portion of the 1,242-square meter lot at a unit price of P3,500.00 per
square meter. Out of the total consideration of P322,000.00, complainant initially paid
respondent, as down payment, US$3,100.00, or its equivalent of P82,000.00, as
evidenced by a receipt dated February 28, 1996. Subsequent installment payments
were remitted, as mutually agreed upon, to the Bank of Philippine Islands, Kamuning
Branch, under the account of respondent's daughter, Joan Christine. All told,
complainant had, as of November 1996, paid the respondent, in cash and in kind, the
peso equivalent of US$6,950.00, which, per complainant's computation, using the
$1:P43 dollar-peso rate of exchange, amounted to P300,000.00.
As complainant would also allege in her a davit-complaint dated April 23, 2001,
1 as amended, 2 she asked for the copy of the title over the 92-square meter portion
upon learning about the mortgage the respondent constituted over his Tuguegarao
property. According to complainant, respondent's inability to produce the desired title
impelled her not to complete payment anymore and to request the return of the amount
she had already paid the respondent. Complainant further alleged that the respondent
agreed, but has not made good his undertaking, to make reimbursement. Her request
for assistance from the Integrated Bar of the Philippines (IBP) proved futile, too.
Meanwhile, the mortgagee bank, China Bank, foreclosed the mortgage constituted on
the respondent's property, then consolidated the title over it in its name.
HSEcTC
In his answer in compliance with an order from the IBP Commission on Bar
Discipline, respondent admitted entering into a land purchase agreement with the
complainant, but stressed the private nature of the transaction between them. He
described as premature the complainant's demand for delivery of title inasmuch as the
aforementioned agreement was not consummated for complainant's failure to pay in
full the purchase price of the 92-square meter portion. Respondent admitted, though,
that he undertook to pay back the amount of P300,000.00 as a measure to avoid
scandal, given what to him was complainant's penchant to make a scene whenever the
opportunity presented itself.
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To the answer, complainant countered with a reply, to which respondent led a
rejoinder.
In the meantime, complainant, upon the facts above narrated, led a criminal
complaint for estafa against the respondent before the O ce of the Provincial
Prosecutor of Cagayan.
Following several failed preliminary conferences and hearings, IBP Bar Discipline
Hearing Commissioner Wilfredo E.J. E. Reyes issued, on July 22, 2005, an order 3
declaring the case as submitted for resolution on the basis of the pleadings and
position papers submitted by the parties, with their attachments.
In its report dated November 8, 2005, the IBP Commission on Bar Discipline
recommends that respondent be adjudged guilty of dishonesty and grave misconduct
and meted the penalty of suspension from the practice of law for a period of two (2)
years.
The recommendation to suspend and the ndings holding it together commend
themselves for concurrence.
The Code of Professional Responsibility enjoins a lawyer from engaging in
unlawful, dishonest or deceitful conduct. 4 The complementing Rule 7.03 of the Code,
on the other hand, provides that "a lawyer shall not engage in conduct that adversely
reflects on his fitness to practice law." Another complementing provision is found in the
Rules of Court providing that a member of the bar may be suspended or even removed
from o ce as an attorney for any deceit, malpractice, or misconduct in o ce. 5 And
when the Code or the Rules speaks of "conduct" or "misconduct," the reference is not
con ned to one's behavior exhibited in connection with the performance of the lawyer's
professional duties, but also covers any misconduct which, albeit unrelated to the
actual practice of his profession, would show him to be un t for the o ce and
unworthy of the privileges which his license and the law invest him with. To borrow
from Orbe v. Adaza . 6 "[T]he grounds expressed in Section 27, Rule 138, of the Rules of
Court are not limitative and are broad enough to cover any misconduct, including
dishonesty, of a lawyer in his professional or private capacity."
Like Atty. Adaza in Orbe, respondent Atty. Bulauitan also refused without
justi able reason to comply with his just obligation under a contract he entered into
with the complainant. There can be no quibbling as to the complainant having paid
respondent the amount of P300,000.00 out of the total contract cost of P322,000.00.
In other words, there had been substantial contract compliance on the part of the
complainant. A reciprocal effort towards complying with his part of the bargain would
have been becoming of respondent, as a man of goodwill. It would appear, however,
that this kind of gesture was alas too much to hope for from the respondent. For,
instead of going through the motion of delivering the portion of his property to its buyer
after his receipt of almost the entire purchase price therefor, the respondent
mortgaged the whole property without so much as informing the complainant about it.
Like the IBP investigating commissioner, the Court nds the respondent's act of giving
the property in question in mortgage bordering on the fraudulent and surely dishonest.
The Court, to be sure, takes stock of respondent's attempt to make amends by
promising to return the amount of P300,000.00. But this promise strikes the Court, as it
did the IBP investigating commissioner, as a mere ploy by the respondent to evade
criminal prosecution for estafa, what with the fact that he has yet to make good his
commitment to return. SCADIT
Respondent had shown, through his dealing with the complainant involving a tiny
parcel of land, a want of professional honesty. Such misdeed re ects on the moral stuff
which he is made of. His tness to continue in the advocacy of law and manage the
legal affairs of others are thus put in serious doubt too. The private nature of the
transaction or the fact that the same was concluded without the respondent taking
advantage of his legal profession is really of little moment. For, a lawyer may be
suspended or disbarred for any misconduct, even if it pertains to his private activities,
as long as it shows him wanting in honesty, probity or good demeanor. 7
While the Court agrees with the IBP Commission on Bar Discipline respecting the
guilt of respondent and the propriety of a suspension, it is not, however, inclined to
impose the severe recommended penalty of suspension for two (2) years.
WHEREFORE, herein respondent, ATTY. ALEXANDER BULAUITAN, is found guilty
of gross misconduct and dishonesty and ordered SUSPENDED from the practice of law
for a period of one (1) year effective upon his receipt hereof. Let copies of this
decision be spread on his record in the Bar Confidant's Office and furnished the IBP and
the Office of the Court Administrator for proper dissemination to all courts.
SO ORDERED.
Panganiban, C.J., Puno, Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio,
Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr., Azcuna, Tinga, Chico-Nazario and
Velasco, Jr., JJ., concur.
Footnotes
1. Records, pp. 1 et seq.
2. Dated July 26, 2001; Records, pp. 61 et seq.
3. Id. at 207.
4. Rule 1.01.
5. Rule 138, Sec. 27 of the Rules of Court.

6. Adm. Case No. 5252, May 20, 2004, 428 SCRA 567, citing cases.
7. Zaguirre v. Castillo, Adm. Case No. 4921, March 6, 2003, 398 SCRA 658, citing Nakpil v.
Valdes, A.C. No. 2040, March 4, 1998, 286 SCRA 758.

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EN BANC

[A.C. No. 7280. November 16, 2006.]

DAHLIA S. GACIAS , complainant, vs . ATTY. ALEXANDER BULAUITAN ,

Before the Court is a complaint for disbarment instituted by the herein

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1. Records, pp. 1 et seq.

2. Dated July 26, 2001; Records, pp. 61 et seq.

5. Rule 138, Sec. 27 of the Rules of Court.

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