G.R. No. 118910 - Kilosbayan, Inc. vs. Morato

In January 2008, Benjamin Q. Ong was introduced to Atty. William F. Delos Santos by Sheriff Fernando Mercado. They later became acquaintances and Ong agreed to lend the lawyer P100,000.00.
In exchange, Atty. Delos Santos gave Ong Metrobank Check No. 0110268 postdated February 29, 2008, representing it would be funded based on his professed financial stability.
Upon presentment, the check bounced due to a closed account. Ong notified Atty. Delos Santos, who ignored demands for payment.

Ong filed a criminal complaint for estafa and violation of Batas Pambansa Blg. 22, and separately lodged a disbarment complaint before the IBP (CBD Case No. 11-2985).
The IBP Bar Commissioner found the dishonored check proven, noted the lawyer’s failure to answer, and recommended suspension for two years plus restitution of P100,000.00.
The IBP Board of Governors, via Resolution No. XX-2013-253 (March 20, 2013), adopted the recommendation but increased the suspension to three years and ordered return of the loan with interest.

Whether the issuance of a worthless check by Atty. Delos Santos constitutes a violation of Canon 1, Rule 1.01 (“unlawful, dishonest, immoral or deceitful conduct”) and Canon 7, Rule 7.03 (“conduct that adversely reflects on fitness to practice law”) of the Code of Professional Responsibility.