Dishonored Checks and Professional Misconduct: When Lawyers Fail to Uphold the Law

The Supreme Court has long held that lawyers must be models of upright conduct, both in their professional and private lives. When a lawyer issues checks that bounce, the consequences go beyond civil liability or criminal prosecution — it becomes a matter of professional discipline. In Lehnert v. Atty. Diño (A.C. No. 12174, August 28, 2018), the Court suspended a lawyer for two years for violating Batas Pambansa Blg. 22 (the Bouncing Checks Law) and for showing disdain for the legal process.

The Facts of the Case

Complainant Alfred Lehnert filed an administrative complaint before the Integrated Bar of the Philippines (IBP) seeking the disbarment of Atty. Dennis L. Diño. The complaint alleged that Atty. Diño had issued post-dated checks in favor of Lehnert, and these checks were subsequently dishonored when presented for payment.

An Information was filed against Atty. Diño before the Metropolitan Trial Court of Quezon City, charging him with two counts of violating Batas Pambansa Blg. 22. A warrant of arrest was issued against him. However, despite the exhaustive efforts of the Philippine National Police and the National Bureau of Investigation, Atty. Diño could not be located at his residential addresses in Bulacan, Quezon City, San Lazaro, and Sta. Cruz, nor at his office address in Intramuros, Manila.

Atty. Diño was hiding to evade arrest. Lehnert thus prayed for his immediate disbarment.

The Administrative Proceedings

The IBP's Commission on Bar Discipline directed both parties to submit their mandatory conference briefs and to appear on April 29, 2016. Atty. Diño did not appear and did not submit any brief.

The Investigating Commissioner found Atty. Diño guilty of violating Canon 1, Rule 1.01 of the Code of Professional Responsibility. The Commissioner noted that while Atty. Diño had not yet been convicted of the criminal charge, his acts of evading arrest and failing to participate in the administrative proceedings gave the impression that he was probably guilty. The IBP Board of Governors adopted the recommendation and imposed a two-year suspension from the practice of law.

The Supreme Court's Ruling

The Supreme Court agreed with the IBP's findings and sustained the recommended penalty. The Court cited Lao v. Medel (453 Phil. 115 [2003]), which stressed that a lawyer's payment of financial obligations is part of his duties to society, to the bar, to the courts, and to his clients.

The Court emphasized that lawyers must at all times faithfully perform their duties, and their conduct must always reflect the values and norms of the legal profession as embodied in the Code of Professional Responsibility. A lawyer may be disbarred or suspended for any professional or private misconduct showing them to be wanting in moral character, honesty, probity, and good demeanor.

The Court stated that the issuance of worthless checks constitutes gross misconduct and violates Canon 1 of the Code of Professional Responsibility, which mandates all members of the bar "to obey the laws of the land and promote respect for law." It also violates Rule 1.01, which provides that "[a] lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct."

The Penalty

The Court noted that it has imposed one-year suspension for a cavalier attitude toward incurring debts (Co v. Bernardino, 349 Phil. 16 [1998]). However, a higher penalty of two-year suspension is warranted when a lawyer issues worthless checks and also disregards the IBP's orders in administrative proceedings (Wong v. Moya, 590 Phil. 279 [2008]).

Given that Atty. Diño both issued worthless checks and failed to participate in the administrative proceedings, the Court found the two-year suspension proper. He was also warned that a repetition of similar acts shall be dealt with more severely.

Practical Takeaways

• Issuing bouncing checks is not just a criminal offense — it is a violation of a lawyer's professional duty to obey the law and promote respect for legal processes.
• A lawyer's private misconduct, including financial irresponsibility, can result in suspension or disbarment because lawyers must be worthy of the trust reposed in them.
• Evading arrest and ignoring administrative proceedings aggravate a lawyer's liability and demonstrate a lack of remorse and respect for the legal system.
• Lawyers must promptly pay their financial obligations; a cavalier attitude toward debts can cost them their license to practice.
• The penalty for issuing worthless checks can range from one to two years of suspension, depending on the presence of aggravating circumstances.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.