Beruflich Dokumente
Kultur Dokumente
DECISION
SANDOVAL-GUTIERREZ, J.:
Bingo Royale then issued to PAGCOR twenty four (24) Bank of Commerce
checks in the sum of P7,200,000.00 signed by respondent.
However, when the checks were deposited after the end of each month at the
Land Bank, U.N. Avenue Branch, Manila, they were all dishonored by reason of
Bingo Royales Closed Account.
In his Opposition to the complaint, respondent averred that he is not liable for
issuing bouncing checks because they were drawn by Bingo Royale. His act of doing
so is not related to the office of a lawyer.
Respondent explained that since the start of its operations, Bingo Royale has
been experiencing financial difficulties due to meager sales. Hence, it incurred
arrearages in paying PAGCORs shares and failed to pay the amounts of the checks.
On February 24, 2003, we resolved to refer this case to the Integrated Bar of
the Philippines (IBP) for investigation, report and recommendation.[1]
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On September 27, 2003, the IBP Board of Governors passed Resolution No.
XVI-2003-177 adopting and approving Commissioner Aguilas Report and
Recommendation with modification in the sense that the recommended penalty is
reduced to suspension of six (6) months, thus:
RESOLVED TO ADOPT and APPROVE, as it is hereby
ADOPTED and APPROVED, the Report and Recommendation of the
Investigating Commissioner of the above-entitled case, herein made part
of the Resolution/Decision as Annex A and, finding the recommendation
fully supported by the evidence on record and the applicable laws and
rules, with modification, and considering that the Code of Professional
Responsibility requires a lawyer to obey the laws of the land and promote
respect of law and the legal processes, and also prohibits a lawyer from
engaging in unlawful conduct, Atty. Dante A. Carandang is hereby
SUSPENDED from the practice of law for six (6) months.[2]
Clearly, even if the check was drawn by Bingo Royale, still respondent is
liable.
In Lizaso v. Amante,[5] we held that a lawyer may be disciplined not only for
malpractice in connection with his profession, but also for gross misconduct outside
of his professional capacity, thus:
The nature of the office, the trust relation which exists between
attorney and client, as well as between court and attorney, and the
statutory rule prescribing the qualifications of attorney, uniformly require
that an attorney shall be a person of good moral character. xxx So it is held
that an attorney will be removed not only for malpractice and
dishonesty in his profession, but also for gross misconduct not
connected with his professional duties, which shows him to be unfit
for the office and unworthy of the principles which his license and the
law confer upon him. (Underscoring supplied)
Respondent likewise violated the Attorneys Oath that he will, among others,
obey the laws; and the Code of Professional Responsibility, specifically the
following provisions:
Let a copy of this Decision be furnished the Office of the Bar Confidant, the
Integrated Bar of the Philippines, and all courts in the land for their information and
guidance.The Office of the Bar Confidant is DIRECTED to spread a copy of this
Decision on the personal record of Atty. Carandang.
SO ORDERED.