Lawyers Must Uphold the Law: Issuing Bouncing Checks Can Lead to Disbarment

A.C. No. 13368 [Formerly CBD Case No. 13-3851], May 21, 2024

Imagine trusting a lawyer, someone held to the highest ethical standards, only to be defrauded by a bouncing check. This isn’t just a personal financial setback; it undermines the very foundation of the legal profession. The Supreme Court of the Philippines recently addressed such a case, sending a clear message that lawyers who engage in dishonest conduct, like issuing worthless checks, will face severe consequences, including disbarment.

This case, William S. Uy v. Atty. Elerizza A. Libiran-Meteoro, serves as a stark reminder that lawyers are not above the law and must adhere to the highest standards of conduct, both professionally and personally. The central legal question revolved around whether Atty. Libiran-Meteoro’s actions warranted disciplinary action and, if so, what the appropriate penalty should be.

Legal Context: The Code of Professional Responsibility and Accountability

The legal profession demands more than just knowledge of the law; it requires unwavering integrity. The Code of Professional Responsibility and Accountability (CPRA) governs the conduct of lawyers in the Philippines. Canon II specifically emphasizes propriety, requiring lawyers to act with honesty, respect, and courtesy, and to uphold the dignity of the legal profession.

Section 1 of Canon II explicitly states that “A lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct.” This principle extends beyond professional dealings and encompasses a lawyer’s private life. The rationale is simple: a lawyer’s actions, whether in or out of the courtroom, reflect on the integrity of the entire legal system.

Batas Pambansa Blg. 22 (BP 22), also known as the Bouncing Checks Law, further reinforces this point. This law penalizes the issuance of worthless checks, recognizing the harmful impact such actions have on commerce and the public trust. As the Supreme Court noted in Lozano v. Martinez, “The harmful practice of putting valueless commercial papers in circulation, multiplied a thousandfold, can pollute the channels of trade and commerce, injure the banking system and eventually hurt the welfare of society and the public interest.”

For example, imagine a small business owner who accepts a check from a client, only to find it bounces due to insufficient funds. This can disrupt cash flow, damage relationships with suppliers, and even threaten the business’s survival. BP 22 aims to deter such practices and protect the financial stability of the nation.

Case Breakdown: The Bouncing Checks and the Disciplinary Proceedings

William S. Uy, representing Maliliw Lending Corporation, filed a complaint against Atty. Elerizza A. Libiran-Meteoro, alleging gross misconduct. The complaint stemmed from two dishonored checks issued by Atty. Libiran-Meteoro to secure a personal loan. These checks, amounting to PHP 245,000.00, bounced due to “ACCOUNT CLOSED” and “DAIF” (drawn against insufficient funds).

Despite repeated attempts to contact Atty. Libiran-Meteoro, Uy’s calls were allegedly ignored. Further investigation revealed that Atty. Libiran-Meteoro had previously been suspended for similar misconduct. This history of dishonesty raised serious concerns about her fitness to practice law.

The Integrated Bar of the Philippines (IBP) initiated disciplinary proceedings. Despite multiple attempts to notify Atty. Libiran-Meteoro at various addresses, she failed to respond or appear before the IBP. The IBP-Commission on Bar Discipline (IBP-CBD) ultimately found her guilty of violating Canon 1 of the Code of Professional Responsibility and recommended a one-year suspension.

The IBP-Board of Governors (BOG) modified the recommendation, adding a fine of PHP 15,000.00 for her failure to file an answer and attend the mandatory conference. However, the BOG removed the recommendation to order payment of PHP 245,000.00, stating that this was a matter for a separate civil action.

The Supreme Court, however, went further. Citing Atty. Libiran-Meteoro’s repeated acts of dishonesty and her previous suspension for similar misconduct, the Court ordered her disbarment. As stated in the decision:

“Allowing her to remain a member of the Bar discredits and puts into disrepute the legal profession. By letting her carry the title of a lawyer—an officer of the court sworn to uphold the Constitution and the laws—while being herself a person who breaks the same makes a mockery of this noble calling and erodes the trust and confidence that the public places upon the legal profession.”

Practical Implications: Accountability and Ethical Conduct

This case underscores the importance of ethical conduct for lawyers. It sends a strong message that dishonesty, even in personal matters, can have severe professional consequences. The ruling emphasizes that lawyers are held to a higher standard and must maintain the public’s trust and confidence in the legal profession.

Businesses and individuals dealing with lawyers should be aware of this ruling and understand that they have recourse if a lawyer engages in unethical or dishonest behavior. Filing a complaint with the IBP is a critical step in holding lawyers accountable.

Key Lessons

• Lawyers must uphold the law and maintain the highest ethical standards.
• Issuing bouncing checks can lead to disciplinary action, including disbarment.
• The CPRA applies to both professional and personal conduct.
• Failure to update contact information with the IBP can result in penalties.

Frequently Asked Questions

Q: What is the Code of Professional Responsibility and Accountability (CPRA)?

A: The CPRA is the set of ethical rules governing the conduct of lawyers in the Philippines. It outlines the standards of behavior expected of lawyers in their professional and personal lives.

Q: What constitutes gross misconduct for a lawyer?

A: Gross misconduct includes any improper or wrong conduct that violates established rules, involves a dereliction of duty, and implies a wrongful intent.

Q: What is the penalty for issuing a bouncing check in the Philippines?

A: Issuing a bouncing check is a violation of Batas Pambansa Blg. 22 (BP 22) and can result in fines, imprisonment, and, for lawyers, disciplinary action.

Q: What should I do if I believe my lawyer has acted unethically?

A: You can file a complaint with the Integrated Bar of the Philippines (IBP). The IBP will investigate the complaint and take appropriate disciplinary action if warranted.

Q: Can a lawyer be disbarred for actions outside of their legal practice?

A: Yes, a lawyer can be disciplined for any conduct, whether in their professional or private capacity, that renders them unfit to continue as an officer of the court.

Q: What is the responsibility of lawyers to update their records with IBP?

A: Section 19 of the Revised IBP By-Laws requires lawyers to report changes in their residential or office address to the IBP chapter secretary within 60 days.

ASG Law specializes in legal ethics and professional responsibility, civil litigation, and criminal defense. Contact us or email hello@asglawpartners.com to schedule a consultation.