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Lehnert Vs Diño

Alfred Lehnert filed a complaint against Attorney Dennis L. Diño for issuing two worthless checks in violation of the lawyer's oath and the Code of Professional Responsibility. An information was filed against Atty. Diño for two counts of violating Batas Pambansa Blg. 22 and a warrant was issued for his arrest, but he could not be found. The Investigating Commissioner found Atty. Diño guilty and recommended a two-year suspension, which was adopted by the Integrated Bar of the Philippines Board of Governors. The Court held that issuing the worthless checks violated the Code of Professional Responsibility. Atty. Diño was suspended from practice for two years and warned of more severe punishment for any repetition.

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145 views1 page

Lehnert Vs Diño

Alfred Lehnert filed a complaint against Attorney Dennis L. Diño for issuing two worthless checks in violation of the lawyer's oath and the Code of Professional Responsibility. An information was filed against Atty. Diño for two counts of violating Batas Pambansa Blg. 22 and a warrant was issued for his arrest, but he could not be found. The Investigating Commissioner found Atty. Diño guilty and recommended a two-year suspension, which was adopted by the Integrated Bar of the Philippines Board of Governors. The Court held that issuing the worthless checks violated the Code of Professional Responsibility. Atty. Diño was suspended from practice for two years and warned of more severe punishment for any repetition.

Uploaded by

Andrea Pallera
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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ALFRED LEHNERT vs ATTY. DENNIS L.

DIÑO
A.C. No. 12174 | August 28, 2018
Disbarment case for violation of the lawyer’s oath

DOCTRINE
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.”
Issuance of worthless checks also violates Rule 1.01 of the Code, which mandates that “[a] lawyer shall not engage
in unlawful, dishonest, immoral, or deceitful conduct.”

FACTS
Alfred Lehnert filed an administrative complaint before the Integrated Bar of the Philippines (IBP) praying that
Atty. Diño be permanently disbarred for violating the lawyer’s oath, as well as the Code of Professional
Responsibility, when he committed two (2) violations of Batas Pambansa Blg. 22. In his complaint, Lehnert narrated
that an information has been filed against Atty. Diño charging him with two (2) counts of violation of BP 22. A
warrant of arrest was then issued for Atty. Diño’s arrest. However, despite exhaustive efforts, Atty. Diño was
nowhere to be found. Thus, considering that Atty. Diño was hiding to evade arrest, Lehnert prayed for his immediate
disbarment. In a notice of mandatory conference, both parties were directed to submit their respective briefs and to
appear before the Commission on Bar Discipline but Atty. Diño failed to do so. The Investigating Commissioner
found Atty. Diño guilty and recommended that he be suspended from the practice of law for two (2) years which
was also adopted by the Board of Governors of the IBP.

ISSUE

Whether or not Atty. Diño is guilty of violating Canon 1, Rule 1.01 of the Code of Professional Responsibility.

HELD

Yes. The Court held that the issuance of post-dated checks by Atty. Diño in favor of Lehnert, which were
subsequently dishonored constitutes a violation of Canon 1, Rule 1.01 of the Code of Professional Responsibility.
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.”
Issuance of worthless checks also violates Rule 1.01 of the Code, which mandates that “[a] lawyer shall not engage
in unlawful, dishonest, immoral, or deceitful conduct.” Verily, lawyers must at all times faithfully perform their
duties to society, to the bar, to the courts and to their clients. As part of their duties, they must promptly pay their
financial obligations. In this case, it is equally disturbing that Atty. Diño remorselessly issued a series of worthless
checks, unmindful of the deleterious effects of such act to public interest and public order. Atty. Diño is suspended
from the practice of law for two (2) years. He is likewise warned that a repetition of similar acts shall be dealt with
more severely.

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