A.C. No. 11023 - GRACITA P. DOMINGO-AGATON, COMPLAINANT, VS. ATTY. NINI D. CRUZ.

Ruling

Accordingly, respondent instructed complainant to prepare the amount of P2.5 Million to be posted as bond in favor of PNB. The bond was purportedly to remain effective until PNB's acceptance of her offer. Convinced, complainant gave respondent P100,000.00, as filing fee for the petition, and P50,000.00, as her professional fee. [9] On July 19, 2013, respondent filed a Complaint [10] for judicial consignation (consignation complaint) with the RTC, Branch 74 of Olongapo City, docketed as Civil Case No. 86-0-2013. On September 7, 2014, respondent informed complainant that the RTC approved her bond in the amount of P2 Million. [11] Pursuant to respondent's instruction, complainant purchased a manager's check, Union Bank Manager's Check No. 0000300714 [12] dated September 8, 2014, designating the RTC as payee for the amount of P2 Million. On September 9, 2014, complainant went to the RTC to deposit the check. Thereat, respondent told her that the personnel authorized to receive the check was not around. Respondent then volunteered to personally deliver the check to the RTC personnel, under the following assurance: " Alam mo naman Manager's Check yan, wala naman akong magagawa diyan, hindi ko naman kayang i-cash yan, ang payee ay Regional Trial Court. Ako na ang magbigay sa court para makabalik ka na sa work mo ." [13] Persuaded, complainant gave the manager's check to respondent, who, in turn, signed a photocopy [14] thereof indicating her receipt. [15] Several months passed, complainant did not hear any feedback from respondent. Every time complainant would request for a copy of the RTC's acknowledgment receipt of the P2 Million representing the value of her manager's check, as well as proof of PNB's acceptance of their offer, respondent would always come up with excuses. [16] Beginning to suspect that something was amiss, complainant verified with the Office of the Clerk of Court of the RTC (COC-RTC), where she learned that in an Order [17] dated July 31, 2014, the RTC dismissed her consignation complaint for violation of the rule against forum shopping, long before she delivered her manager's check to respondent on September 9, 2014. On August 13, 2015, the parties met, but respondent still failed to show the RTC's acknowledgment receipt of the manager's check. In their subsequent meeting on August 17, 2015, respondent promised to return her money by the end of August 2015. Thereafter, complainant never heard a word from respondent. [18] Upon verification with her bank, complainant learned that her manager's check was cleared and deposited to the RTC's account on September 12, 2014. This was confirmed from the RTC's passbook indicating that complainant's manager's check was encashed on September 12, 2014. [19] On October 6, 2015, complainant went to the COC-RTC, where Atty. John Aquino (Atty. Aquino), Clerk of Court VI, told her that her manager's check was actually withdrawn by a certain Josephine Chua (Chua) of Grand Pillar Development Internatio