Lawyers, as guardians of the law, are mandated to obey and respect the laws of the land and to uphold the integrity and dignity of the legal profession.
They should at all times, whether in their public or private life, "conduct themselves in a manner that reflects the values and norms of the legal profession as embodied in the Code of Professional Responsibility." Thus they should not engage in any unlawful, dishonest, immoral, or deceitful conduct.
Issuance of a worthless check
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VOL. I
VOL. II
In this case, respondent obtained a loan from complainant in the amount of P500,000.00 and in exchange thereof issued a worthless check to complainant.
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This fact alone is a ground for disciplinary action as it constitutes gross misconduct. It indicates his unfitness for the trust and confidence reposed upon him and his lack of personal honesty and good moral character rendering him unworthy of public confidence.
In Ong v. Atty. Delos Santos, the Court explained that a lawyer who issues a worthless check is in breach of his oath to obey the laws. The Court explained -
[BP 22] has been enacted in order to safeguard the interest of the banking system and the legitimate public checking account users.
The gravamen of the offense defined and punished by [BP 22], according to Lozano v. Martinez, is the act of making and issuing a worthless check, or any check that is dishonored upon its presentment for payment and putting it in circulation; the law is designed to prohibit and altogether eliminate the deleterious and pernicious practice of issuing checks with insufficient funds, or with no credit, because the practice is deemed a public nuisance, a crime against public order to be abated.
The Court has observed in Lozano v. Martinez:
The effects of the issuance of a worthless check transcends the private interests of the parties directly involved in the transaction and touches the interests of the community at large. The mischief it creates is not only a wrong to the payee or holder, but also an injury to the public.
The harmful practice of putting valueless commercial papers in circulation, multiplied a thousandfold, can very well pollute the channels of trade and commerce, injure the banking system and eventually hurt the welfare of society and the public interest.
Respondent, as a lawyer, should know that issuing a worthless check is a violation of BP 22 for which he may be disciplined under Rule 138, Section 27 of the Rules of Court.
A penalty of one-year suspension from the practice of law is usually imposed upon a lawyer who issues a worthless check.19 However, considering the attendant circumstances in the instant case, the Court agrees with the IBP and the OBC that the penalty imposed should be increased to three years.
Aggravating circumstances
Here, aside from issuing a worthless check, respondent has acted in utmost bad faith when he sold to another person the Mercedes Benz he previously sold to complainant as full payment for the loan obligation. Such act is a clear violation of the CPR. It is a deceitful conduct that shows his lack of honesty and good moral character.
Moreover, his deliberate failure to settle his obligation despite repeated demands is in itself a gross misconduct for which he may be sanctioned with one-year suspension from the practice of law.
In addition, respondent even refused to answer the accusations against him and to appear in the mandatory conferences despite due notice, thereby causing undue delay in the resolution of the instant case.
All these circumstances taken together justify the imposition upon respondent of a three-year suspension from the practice of law.
It bears stressing that the determination of the appropriate penalty to be imposed on an erring lawyer is within the sound judicial discretion of the court taking into consideration the factual circumstances of the case.
(Part 24) EN BANC | HERNANDO, J
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