Mila Virtusio, Vs Atty. Grenalyn Virtusio, A.C. No.

6753, September 5, 2012

Facts:
Sometime in 1991, Atty. Virtusio convinced herein petitioner, Mila Virtusio, to buy a house in
Quezon City from its developer Stateland Investment Corporation. Mila agreed for Atty. Virtusio
to use her personal checks in paying the seller with Mila reimbursing her. Under this
arrangement, Mila gave her a total of P441,000.

However, Mila started receiving letters from Stateland demanding that she make good the
dishonored checks that it got. Mila confronted Atty. Virtusio regarding the matter, and the
latter assured her that she would take care of the problem. The demand letters persisted.

For fear of losing the property, Mila dealt with Stateland directly, discovering that her
obligation had come close to P200,000. Mila and her husband settled their overdue obligation
with money borrowed at high interest.

Upon demand, Atty. Virtusio refused to return the money she had misappropriated. Only when
Mila threatened to file an action against her did she agree to pay her by executing a deed of
sale in Mila‘s favor covering her Mazda car.

Despite the sale, Atty. Virtusio refused to give up the car, which prompted Mila to file a replevin
case which was decided in the latter‘s favor. But, Atty. Virtusio had managed to register the car
in her children‘s name and sold the same to a third person. Mila filed an estafa case against her
apart from the present disbarment case.

Mila agreed after some financial settlement to withdraw her complaint against Atty. Virtusio.

Issue:
Whether or not, Atty. Virtusio is guilty by her acts of gross misconduct?

Ruling:
Yes. The Court finds Atty. Virtusio guilty of gross misconduct and violation of the Code of
Professional Responsibility and imposes upon her the penalty of SUSPENSION from the practice
of law for one year.

Lawyers are, as officers of the court and instruments for the administration of justice, expected
to maintain not only legal proficiency but also a high standard of morality, honesty, and fair
dealing. Atty. Virtusio has admitting misusing the money that Mila has entrusted to her. Her use
for personal purposes the money entrusted to her constitutes dishonest and deceitful conduct
under the Code of Professional Responsibility under Rule 1.01 (shall not engage in xxx
dishonest, immoral or deceitful conduct) and Rule 7.03.
Rule 7.03 – A lawyer shall not engage in conduct that adversely reflects on his fitness to practice
law, nor shall he, whether in public or private life, behave in a scandalous manner to the
discredit of the legal profession.