Discredit to the profession

A lawyer who behaves in a scandalous manner to the discredit of the legal profession may be disbarred. This is what happened to Atty. Dino in this case.

In 2002, Dino hired Rica as his secretary. Eventually she became his lover and common law wife. Five years later or in October 2007, Dino brought Rica to the quarters of a religious cult which he heads located at the upper mountains of their province. Although he visited her daily, his visits became scarce in November and December 2007, prompting Rica to return home to her town.

When Dino learned about this, he was furious and brought Rica back to the cult’s quarters in the mountains, where, on his instructions, his followers tortured, brainwashed and injected her with drugs. When she tried to escape on December 24, 2007, the members of the group tied her spread eagled to a bed. She was guarded 24 hours a day by women members led by Tita who fed her with stale food.

When Rica’s mother received information about her plight, she sought the help of the Provincial Social Welfare Department which immediately dispatched two women volunteers to rescue Rica. The religious group however refused to release her without the instruction of Dino. Thus they asked for assistance of three police officers who responded and rescued Rica, reuniting mother and daughter.

Subsequently, Rica charged Atty. Dino before the Integrated Bar of the Philippines (IBP) Committee on Bar Discipline with gross misconduct and gross immorality. Additionally Rica charged Atty. Dino with bigamy when she learned that he was first married to Sheila on April 27, 1990 in Quezon City and then got married again on August 2, 1996 to Lani despite the subsistence of the first marriage to Sheila as shown by the Marriage Certificates and the Certifications from the National Statistics Office which she was able to obtain. On complaint of Rica, an Information for serious illegal detention was also filed in court against Atty. Dino and Tita, the women member of the cult.

Atty. Dino did not file any answer to Rica’s administrative complaint. Nor did he appear on the scheduled mandatory conference. So on September 29, 2008, the Investigating Commissioner found that Atty. Dino’s acts of converting his secretary as his mistress and contracting two marriages are grossly immoral “which no civilized society in this world can countenance”; while the subsequent detention and torture of Rica is gross misconduct which “only a beast may be able to do”. So he recommended the disbarment of Atty. Dino for violating Canon I of the Code of Professional Responsibility providing that a lawyer shall uphold the constitution and obey the laws of the land and promote respect for the law and legal processes”. This was approved by the IBP Board of Governors. Was the IBP correct?

Yes. The practice of law is not a right but a privilege bestowed by the state upon those who show that they possess, and continue to possess, the qualifications required by law for the conferment of such privilege. When a lawyer’s moral character is assailed, such that his right to continue practicing his cherished profession is imperiled, it behooves him to meet his charges squarely and present evidence that he is morally fit to keep his name in the Roll of Attorneys. Atty. Dino has not discharged this burden.

Aside from violating Canon I, he also violated his Lawyer’s Oath that he will “support the Constitution and obey the laws”; as well as Rule 7.03, Canon 7 mandating that a “lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he, whether in private or public life, behave in a scandalous manner to the discredit of his profession.

By engaging himself in acts which are grossly immoral and acts which constitutes gross misconduct, Atty Dino has ceased to possess the qualifications of a lawyer. He should be and is hereby disbarred and his name ordered stricken from the Roll of Attorneys (Mecaral vs. Velasquez, AC 8392, June 28, 2010, 622 SCRA, 1)

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