1Digest.

Valerio

A-1 FINANCIAL SERVICES, INC., Complainant, vs. ATTY. LAARNI N. VALERIO, Respondent.
Facts: A-1 Fiancial Services filed with the IBP- Commission on Bar Discipline(IBPCBD), against Atty Laarni Valerio, a complaint for Violation of Batas Pambansa 22 and non-payment of debt. Respondent had loaned an amount of P/50,000 in Nov 13, 2001. A post-dated check was made for the payment due on April 2002, but upon collection, the check was refused due to insufficient funds. Despite repeated demands, Atty Valerio failed to pay the said amount. Thus in Nov 2004, a BP 22 criminal case was filed against her. Respondent failed to show during scheduled arraignment in August 2004, subsequently a warrant of arrest was issued but Atty Valerio failed to post bail. Complainant sent her a letter requesting her to submit to the jurisdiction of the court by posting bail, but in spite of the fact that respondent signed the receipt for the postal registry return card, respondent did not heed this. Thus complainant filed an administrative case before the IBP. A few months later, the mother of Atty Valerio submitted a letter that her daughter had schizophrenia and thus cannot appear in court, and that she will personally undertake the debt of her daughter. Atty Valerio did not appear for a mandatory conference nor did she file a position paper despite orders. Issue: Whether a lawyers acts to deliberately not pay debts constitute misconduct.

Upheld: Yes, in its Report and Recommendation dated September 16, 2008, the IBP-CBD recommended that Atty. Valerio be suspended from the practice of law for a period of two (2) years, having found her guilty of gross misconduct. The IBP Board of Governors, in consideration of Atty Valerio, lowered the recommended suspension to one year on condition that she will appear in court and present the doctor who signed her medical certificate within a non-extendable period of ten (10) days. This, Atty Valerio failed to comply with, and the original findings and recommendations of the IBP-CBD for a suspension of 2 years was thus meted on her.

Digested by ATV