This case underscores the ethical responsibilities of lawyers and the severe consequences of violating them. The Supreme Court disbarred Atty. Jose A. Diño, Jr., for gross misconduct, including misrepresenting to his clients that a portion of their fees would be used to bribe a judge and for filing multiple retaliatory suits against them. This decision reinforces the principle that lawyers must uphold the integrity of the judicial system and act with honesty and fairness.

Selling Influence or Serving Justice? The Ethical Line Attorneys Can’t Cross

The consolidated cases before the Supreme Court centered on two disbarment complaints. The first (A.C. No. 7389) was filed by Vantage Lighting Philippines Inc., John Paul Fairclough, and Ma. Cecilia G. Roque against their former counsel, Atty. Jose A. Diño, Jr. The second (A.C. No. 10596) was a counter-complaint by Atty. Diño against Vantage’s current lawyers, Attys. Paris G. Real and Sherwin G. Real. The core issue revolved around allegations of misconduct, misrepresentation, and unethical practices by Atty. Diño, which led to the Supreme Court’s decision to disbar him.

Vantage and Atty. Diño entered into a retainer’s agreement where he would represent them in a case against PHPC and Hitachi. According to the agreement, Vantage paid Atty. Diño P75,000.00. However, the situation escalated when Atty. Diño allegedly informed Vantage that P150,000.00 was needed to bribe the judge for a temporary restraining order (TRO). He even sent text messages implying that he had already advanced some money for this purpose. These communications became a focal point in the disbarment complaint against him.

Later, disagreements arose over the TRO and the funds involved. Atty. Diño withdrew as Vantage’s counsel and subsequently filed several cases against Vantage and its officers. These included a criminal complaint for estafa, a collection suit for sum of money and damages, and criminal complaints for grave oral defamation, libel, and falsification of private documents. Vantage argued that these suits were groundless and intended to harass them, constituting gross misconduct.

Atty. Diño defended himself by claiming that the P150,000.00 was for additional fees, expenses, and costs of litigation. He denied any intention of bribing the judge. He further argued that the cases he filed were not baseless. However, the Integrated Bar of the Philippines (IBP) found Atty. Diño’s explanations unconvincing, leading to a recommendation for his suspension, later modified to disbarment by the IBP Board of Governors.

The Supreme Court agreed with the IBP’s findings regarding Atty. Diño’s misconduct. The Court emphasized that by representing to his clients that he could secure a TRO by bribing the judge, Atty. Diño violated Canon 13 of the Code of Professional Responsibility, which states:

Canon 13 – A lawyer shall rely upon the merits of his cause and refrain from any impropriety which tends to influence, or gives the appearance of influencing the court.

This Canon aims to ensure that lawyers maintain the integrity of the judicial process and do not engage in activities that undermine the court’s impartiality.

The Court found that Atty. Diño tainted the image of the Judiciary by representing that the funds he was collecting from Vantage would be used to facilitate the issuance of the TRO. This representation, regardless of whether the bribe was actually offered or paid, was a direct violation of the ethical standards expected of a lawyer. As an officer of the Court, Atty. Diño had a paramount duty to protect the court’s integrity and assist in the administration of justice according to law.

Moreover, the Court noted that Atty. Diño’s subsequent actions, including filing multiple retaliatory suits against his former clients, demonstrated a further breach of his ethical obligations. Rule 20.04 of the Code of Professional Responsibility states that:

A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action only to prevent imposition, injustice or fraud.

Despite this, Atty. Diño opted to file criminal and civil complaints against his former clients, which the Court deemed to be ill-intentioned and in violation of the Lawyer’s Oath.

Atty. Diño also filed a disbarment case against Attys. Paris G. Real and Sherwin G. Real. The Court found that Atty. Diño violated Canon 8 of the Code of Professional Responsibility when he filed a disbarment case to harass the Reals, his former clients’ new counsel. By resorting to such harassment tactics against the opposing counsel, he failed to conduct himself with courtesy, fairness and candor towards his professional colleagues.

In contrast, the Supreme Court affirmed the dismissal of Atty. Diño’s disbarment complaint against Attys. Paris G. Real and Sherwin G. Real. The Court found that Atty. Diño failed to provide substantial evidence that the Reals falsified a letter bearing his signature and addressed to the Bureau of Immigration (BI). The Court also reasoned that the Reals would not have a motive to damage the character and image of their client, Fairclough. Therefore, the Court dismissed the complaint against the Reals for failure to prove the allegations.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Jose A. Diño, Jr., committed gross misconduct and violated the Code of Professional Responsibility, warranting his disbarment. The allegations included misrepresenting intentions to bribe a judge and filing retaliatory suits against former clients.
What did Atty. Diño allegedly misrepresent to his clients?	Atty. Diño allegedly told his clients that a portion of their fees would be used to bribe a judge to secure a temporary restraining order (TRO). He sent text messages implying he had already advanced some money for this purpose.
What actions did Atty. Diño take after the disagreement with Vantage?	After the disagreement, Atty. Diño withdrew as Vantage’s counsel and filed several cases against Vantage and its officers. These included complaints for estafa, sum of money, grave oral defamation, libel, and falsification of private documents.
What was the Supreme Court’s ruling on Atty. Diño’s conduct?	The Supreme Court ruled that Atty. Diño was guilty of gross misconduct and violation of the Lawyer’s Oath and the Code of Professional Responsibility. Consequently, he was disbarred from the practice of law.
What is Canon 13 of the Code of Professional Responsibility?	Canon 13 states that a lawyer must rely upon the merits of their cause and refrain from any impropriety that tends to influence or gives the appearance of influencing the court. This canon aims to maintain the integrity and impartiality of the judicial process.
Did the Supreme Court grant the complainants’ claim for damages?	No, the Supreme Court denied the complainants’ claim for damages. The Court stated that disciplinary proceedings against lawyers are confined to the issue of whether the lawyer is fit to continue as a member of the Bar.
What was the outcome of Atty. Diño’s complaint against Attys. Paris G. and Sherwin G. Real?	The Supreme Court dismissed Atty. Diño’s disbarment complaint against Attys. Paris G. Real and Sherwin G. Real. The Court found that Atty. Diño failed to provide substantial evidence to support his allegations.
What is the standard of proof required in disbarment cases?	The standard of proof required in disbarment cases is substantial evidence. This is the amount of relevant evidence that a reasonable mind might accept as adequate to support a conclusion.

This case serves as a stark reminder to all lawyers about their ethical obligations and the severe consequences of violating them. By upholding the integrity of the legal profession and adhering to the Code of Professional Responsibility, lawyers can maintain public trust and ensure the fair administration of justice.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Vantage Lighting Philippines, Inc. v. Atty. Diño, G.R. No. A.C. No. 7389, July 2, 2019