AC 13664; (January, 2023) (Digest)
G.R. No. A.C. No. 13664. January 23, 2023
Atty. Pedro L. Linsangan, Complainant, vs. Atty. F. George P. Lucero, Respondent.
FACTS
Complainant Atty. Pedro L. Linsangan alleged that on April 2, 2007, respondent Atty. F. George P. Lucero obtained a loan from him in the amount of P100,000.00. Respondent issued a post-dated check dated April 30, 2007 to cover the loan. When the loan became due, respondent promised to pay but subsequently stopped communicating. Complainant deposited the check, which was dishonored for being drawn against a closed account. Complainant sent a demand letter on August 21, 2007. On February 23, 2014, complainant’s son notified respondent’s daughter about the dishonored check, who responded that respondent had been informed. Despite reasonable time, respondent defaulted on his obligation. During the IBP proceedings, respondent failed to file his position paper despite being served with orders, leading to the case being submitted for resolution.
ISSUE
Whether or not respondent should be held administratively liable for the acts complained of, specifically for issuing a worthless check and for failing to comply with IBP directives.
RULING
Yes, respondent is administratively liable. The Court found respondent GUILTY of gross misconduct and violation of the lawyer’s oath and the Code of Professional Responsibility (CPR). His act of issuing a worthless check violated Batas Pambansa Blg. 22 and constituted unlawful, dishonest, and deceitful conduct, transgressing Canon 1, Rule 1.01 and Canon 7, Rule 7.03 of the CPR. Furthermore, his failure to file a position paper and comply with IBP orders violated his duty to assist in the speedy administration of justice and to maintain respect for judicial officers, contrary to Canon 11 and Canon 12, Rule 12.04 of the CPR. The Court modified the IBP’s recommended penalty. Respondent is SUSPENDED from the practice of law for a period of one (1) year and FINED in the amount of P5,000.00 for his disregard of court directives, with a STERN WARNING that a repetition of the same or similar act shall be dealt with more severely.