516 Phil. 299
SANDOVAL-GUTIERREZ, J.:
Whether to issue or not checks in favor of a payee is a voluntary act. It is clearly a choice for an individual (especially one learned in the law), whether in a personal capacity or officer of a corporation, to do so after assessing and weighing the consequences and risks for doing so. As President of BRI, he cannot be said to be unaware of the probability that BRI, the company he runs, could not raise funds, totally or partially, to cover the checks as they fell due. The desire to continue the operations of his company does not excuse respondent's act of violating the law by issuing worthless checks. Moreover, inability to pay is not a ground, under the Civil Code, to suspend nor extinguish an obligation. Specifically, respondent contends that because of business reverses or inability to generate funds, BRI should be excused from making good the payment of the checks. If this theory is sustained, debtors will merely state that they no longer have the capacity to pay and, consequently, not obliged to pay on time, nor fully or partially, their debt to creditors. Surely, undersigned cannot agree with this contention.Commissioner Aguila then recommended that respondent be suspended from the practice of law for one (1) year.
As correctly pointed out by complainant, violation of B.P. Blg. 22 is an offense that involves public interest. In the leading case of People v. Tañada, the Honorable Supreme Court explained the nature of the offense, thus –
x x xThe gravamen of the offense punished by B.P. Blg. 22 is the act of making and issuing a worthless check or a check that is dishonored upon its presentation for payment xxx. The thrust of the law is to prohibit under pain of penal sanctions the making of worthless checks and putting them in circulation. Because of its deleterious effects on the public interest, the practice is proscribed by law. The law punishes the act not as an offense against property but an offense against public order.The Code of Professional Responsibility requires a lawyer to obey the laws of the land and promote respect for law and the legal processes. It also prohibits a lawyer from engaging in unlawful conduct (Canon 1 & Rule 1.01). By issuing the bouncing checks in blatant violation of B.P. Blg. 22, respondent clearly was irresponsible and displayed lack of concern for the rights of others nor for the canons of professional responsibility (Castillo v. Taguines, 254 SCRA 554). Atty. Carandang deserves to be suspended from the practice of law for a period of one year. Consistent with the ruling in this Castillo case, suspension for one year is the deserved minimum penalty for the outrageous conduct of a lawyer who has no concern for the property rights of others nor for the canons of professional responsibility. Moreover, conviction for the offense of violation of B.P. Blg. 22 is not even essential for disbarment (De Jesus v. Collado, 216 SCRA 619).
x x x
The effects of the issuance of a worthless check transcends the private interests of the parties directly involved in the transaction and touches the interest of the community at large. The mischief it creates is not only a wrong to the payee or holder, but also an injury to the public. The harmful practice of putting valueless commercial papers in circulation, multiplied a thousand fold, can very well pollute the channels of trade and commerce, injure the banking system and eventually hurt the welfare of society and the public interest. x x x (Emphasis supplied)
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]Section 1, B. P. Blg. 22 provides:
The gravamen of the offense punished by B.P. Blg. 22 is the act of making and issuing a worthless check or a check that is dishonored upon its presentation for payment xxx. The thrust of the law is to prohibit under pain of penal sanctions, the making of worthless checks and putting them in circulation. Because of its deleterious effects on the public interest, the practice is proscribed by the law. The law punishes the act not as an offense against property but an offense against public order.As a lawyer, respondent is deemed to know the law, especially B. P. Blg. 22. By issuing checks in violation of the provisions of this law, respondent is guilty of serious misconduct. In Camus v. Civil Service Board of Appeals, [4] we defined misconduct as follows:
The effects of the issuance of a worthless check transcends the private interests of the parties directly involved in the transaction and touches the interests of the community at large. The mischief it creates is not only a wrong to the payee or holder, but also an injury to the public. The harmful practice of putting valueless commercial papers in circulation, multiplied a thousand fold, can very well pollute the channels of trade and commerce, injure the banking system and eventually hurt the welfare of society and the public interest.
Misconduct has been defined as "wrong or improper conduct;" and "gross" has been held to mean "flagrant; shameful" (Webster). This Court once held that the word misconduct implies a wrongful intention and not a mere error of judgment.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 Attorney's Oath that he will, among others, obey the laws; and the Code of Professional Responsibility, specifically the following provisions:
Cannon 1 – A lawyer shall uphold the Constitution, obey the laws of the land and promote respect for the law and legal processes.WHEREFORE, Atty. Dante A. Carandang is declared GUILTY of serious misconduct and violations of the Attorney's Oath and the Code of Professional Responsibility. As recommended by the IBP Board of Governors, he is SUSPENDED from the practice of law for six (6) months effective from notice.
Rule 1.01 – A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
Canon 7 – A lawyer shall at all times uphold the integrity and dignity of the legal profession and support the activities of the Integrated Bar.
Rule 7.03 – A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession.