JUTTA KRURSEL vs. ATTY. LORENZA A.

ABION

A.C No. 5951 | July 12, 2016 | Lawyer’s Oath

DOCTRINE
Falsification of Special Power of Attorney can justify a lawyer’s disbarment or suspension from
practice of law

FACTS:
Complainant Krursel (Jutta) acquired the legal services of Atty. Lorenza Abion (Abion)
in filing a case against Robinsons Bank. However, Abion withdrew the case filed
against Robinsons Bank without the knowledge and consent of Jutta. Jutta alleges that
Abion forged her signature in the withdrawal letter. Jutta also learned that Abion
falsified 2 special powers of attorney (SPA), authorizing Abion to manage Jutta’s
account in all transactions thereto. Also, instead of providing a receipt for the amounts
received, Abion allegedly presented a document purporting to be an Order from the
Court's First Division resolving the case in favor of Jutta. However, upon verification of
the clerk of court, the Order was not from the court and even had the wrong format.

Jutta also alleges that Abion filed a complaint in the SC for writ of prohibitive and
mandatory injunction, from which Abion demanded from Jutta a total amount of
P330.000. Jutta also alleges that Abion asked for her passport to have it renewed from
the German Embassy, demanding a sum of P450,000. om Jutta. The amounts were not
accounted for and Abion presented to Jutta a renewed passport which was clearly a
fake and the original was discovered to be in the possession of Robinsons Bank.

IBP Commissioner recommended the disbarment of Abion for violating Rule 1.01, Rule
16.01 and Canon 17 of the CPR. The resolution was adopted by the IBP Board of
Governors.

ISSUE:
Whether or not Abion should be disbarred for committing forgery, falsification, and
swindling.

HELD
Yes. Atty. Lorenza Abion should be disbarred for committing forgery, falsification, and swindling.

Abion committed serious acts of deceit when she withdrew the complaint without the

knowledge and consent of his client and in forging his client’s signature in the SPAs.
Respondent's deception constitutes a gross violation of professional ethics and a

breach of her fiduciary duty to her client, subjecting her to disciplinary action. Abion’s

act of falsifying the Court's order amounts to deceit, malpractice, or gross misconduct in

office as an attorney. She violated her oath to "do no falsehood" and to conduct herself

as a lawyer xxx with all good fidelity."Abion also violated Rule 1.01; Canon 7, Rule 7.03;

Canon 15; Canon 17; Canon 18 and Rule 18.04 of the CPR.

Abion’'s transgressions are grave and serious. She abused her legal knowledge and

training. She took undue advantage of the trust reposed on her by her client. Her

misconduct exhibits a brazen disregard of her duties as a lawyer. Abion's unethical and

unscrupulous conduct proves her unworthy of the public's trust and confidence. She

shamelessly transgressed all the things she swore to uphold, which makes her unfit to

continue as a member of the bar.

WHEREFORE, respondent Arty. Lorenza A. Abion is hereby disbarred from the practice

of law. The Office of the Bar Confidant is directed to remove the name of Lorenza A.

Abion from the Roll of Attorneys.