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    Lehnert Vs Diño Digest

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    Emir Mendoza
    The Supreme Court disbarred Atty. Dennis Diño for gross misconduct and violations of professional ethics. Specifically, Diño committed two violations of Batas Pambansa Blg. 22 by issuing worthless checks. An arrest warrant was issued but Diño evaded arrest and prosecution. The SC ruled that issuing worthless checks violates the lawyer's oath and the Code of Professional Responsibility requiring obedience to laws and promotion of respect for law.

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    Lehnert Vs Diño Digest

    Uploaded by

    Emir Mendoza
    706 views1 page
    The Supreme Court disbarred Atty. Dennis Diño for gross misconduct and violations of professional ethics. Specifically, Diño committed two violations of Batas Pambansa Blg. 22 by issuing worthless checks. An arrest warrant was issued but Diño evaded arrest and prosecution. The SC ruled that issuing worthless checks violates the lawyer's oath and the Code of Professional Responsibility requiring obedience to laws and promotion of respect for law.

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    Legal Ethics

    Original Title

    Lehnert vs Diño Digest

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    The Supreme Court disbarred Atty. Dennis Diño for gross misconduct and violations of professional ethics. Specifically, Diño committed two violations of Batas Pambansa Blg. 22 by issuing worthless checks. An arrest warrant was issued but Diño evaded arrest and prosecution. The SC ruled that issuing worthless checks violates the lawyer's oath and the Code of Professional Responsibility requiring obedience to laws and promotion of respect for law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    706 views1 page

    Lehnert Vs Diño Digest

    Uploaded by

    Emir Mendoza
    The Supreme Court disbarred Atty. Dennis Diño for gross misconduct and violations of professional ethics. Specifically, Diño committed two violations of Batas Pambansa Blg. 22 by issuing worthless checks. An arrest warrant was issued but Diño evaded arrest and prosecution. The SC ruled that issuing worthless checks violates the lawyer's oath and the Code of Professional Responsibility requiring obedience to laws and promotion of respect for law.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Lehnert vs Diño (2018)

    Petitioners: ALFRED LEHNERT

    Respondents: ATTY. DENNIS L. DIÑO

    Ponente: LEONEN (En Banc)

    Topic: Legal Ethics

    SUMMARY: SC disbarred Diño on the ground of violations of B.P. 22, for which he evaded arrest and
    prosecution.

    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 this administrative Complaint before the Integrated Bar of the Philippines on
    November 11, 2015. He prayed that respondent Atty. Dennis L. Diño (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 against Atty. Diño was filed with Branch 34,
    Metropolitan Trial Court, Quezon City, charging him with two (2) counts of violation of Batas Pambansa Blg. 22.
    A Warrant of Arrest was then issued for Atty. Diño's arrest. Members of the Philippine National Police and
    National Bureau of Investigation attempted to serve the warrant on Atty. Diño. However, despite their exhaustive
    efforts, they were unable to locate him at his residential addresses in Bulacan, Quezon City, San Lazaro, and
    Sta. Cruz, or even at his office address in Intramuros, Manila. Thus, considering that Atty. Diño was hiding to
    evade arrest, Lehnert prayed for his immediate disbarment

    Atty. Diño did not appear or submit any brief to the Commission on Bar Discipline.

    ISSUES:

     WoN Diño is administratively liable


    o YES. This Court has imposed the penalty of one (1)-year suspension from the practice of law for
    a cavalier attitude toward incurring debts. This Court has imposed a higher penalty of two (2)-year
    suspension on a lawyer who issued worthless checks and also disregarded the Integrated Bar of
    the Philippines' orders in administrative proceedings.
    o In light of the foregoing, this Court finds the recommended penalty of two (2)-year suspension
    from the practice of law proper.

    NOTES: Diño SUSPENDED from the practice of law for two (2) years.

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