Case Summary (A.C. No. 12174)
Background of the Complaint
The administrative complaint detailed that an Information was filed against Atty. DiAo in Branch 34 of the Metropolitan Trial Court in Quezon City, charging him with two counts of violation of Batas Pambansa Blg. 22. A warrant for his arrest was issued, but attempts by law enforcement to locate him at various places including Bulacan, Quezon City, San Lazaro, Sta. Cruz, and his office in Intramuros yielded no results. Lehnert argued that Atty. DiAo was deliberately evading arrest, thus justifying the call for his disbarment.
Proceedings Before the Commission on Bar Discipline
A Notice of Mandatory Conference was issued on March 4, 2016, directing both parties to submit briefs and appear before the Commission on Bar Discipline on April 29, 2016. However, Atty. DiAo failed to appear or submit any documentation in response. This absence led to an investigation, during which the Investigating Commissioner found Atty. DiAo guilty of violating Canon 1, Rule 1.01 of the Code of Professional Responsibility, specifically for issuing post-dated checks to Lehnert that were subsequently dishonored.
Findings of the Investigating Commissioner
Despite not being convicted of the criminal charges at that time, Atty. DiAo's actions, including his evasion of arrest and non-participation in the administrative proceedings, suggested a probable guilt. The Investigating Commissioner recommended a two-year suspension from the practice of law, considering the severity of his misconduct and its implications for the legal profession.
Resolution by the Board of Governors
On July 17, 2017, the Board of Governors of the Integrated Bar of the Philippines adopted the findings and recommended penalty, formally imposing a two-year suspension on Atty. DiAo. The Supreme Court endorsed these findings, emphasizing the importance of financial responsibility among lawyers, which is a crucial aspect of upholding their professional duties to their clients and the community.
Judicial Reasoning
The Supreme Court pointed to precedents where lawyers who display a cavalier attitude towards financial obligations are subject to penalties, including suspension. It reiterated that the issuance of worthless checks not only denotes gross mi
...continue readingCase Syllabus (A.C. No. 12174)
Case Overview
- Complainant: Alfred Lehnert
- Respondent: Atty. Dennis L. Diao
- Case Number: A.C. No. 12174
- Date of Resolution: August 28, 2018
- Jurisdiction: Supreme Court of the Philippines
Background of the Complaint
- Alfred Lehnert filed an administrative complaint against Atty. Dennis L. Diao on November 11, 2015.
- The complaint called for the permanent disbarment of Atty. Diao for violating the lawyer's oath and the Code of Professional Responsibility.
- Specifically, the violations pertained to two counts of issuing worthless checks under Batas Pambansa Blg. 22.
Legal Proceedings Initiated
- An Information was filed against Atty. Diao with the Metropolitan Trial Court, Quezon City, leading to the issuance of a warrant for his arrest.
- Law enforcement agencies, including the Philippine National Police and the National Bureau of Investigation, were unable to locate Atty. Diao despite attempts at various known addresses and his office.
Allegations of Evasion
- Lehnert argued that Atty. Diao's evasion of arrest indicated a desire to avoid accountability.
- The complaint highlighted Atty. Diao's lack of participation in the administrative proceedings as a further indication of guilt.
Mandatory Conference and Non-Compliance
- A notice for a mandatory conference was issued on March 4, 2016, requiring both parties to submit briefs and appear before the Commission on Bar Discipline.
- Atty. Diao failed to appear or submit any documentation for the conference scheduled for April 29, 2016.