SECOND DIVISION
A.C. No. 8084, August 24, 2015
PATROCINIA H. SALABAO, Complainant, v. ATTY. ANDRES C. VILLARUEL, JR., Respondent.
R E S O L U T I O N
DEL CASTILLO, J.:
This is a complaint for disbarment filed by Patrocinia H. Salabao (complainant) against Atty. Andres C. Villaruel, Jr. (respondent) for abuse of court processes in violation of Canons 10 and 12 of the Code of Professional Responsibility.1 After respondent filed his Answer2 we referred this case to the Integrated Bar of the Philippines (IBP) for investigation, report and recommendation.3redarclaw
Factual Background
The facts pertinent to this complaint are summarized in the Report and Recommendation of Investigating Commissioner Oliver A. Cachapero as follows:LawlibraryofCRAlaw
Complainant narrates that in 1995 she filed a case against Elmer Lumberio for his deceitful or fraudulent conduct of taking her precious real property situated in Taguig City. After hearing, the Regional Trial Court (RTC), Branch 162, Pasig City issued its resolution in her favor in 2002.
Respondent then entered the picture as counsel for Lumberio. From then on, Complainant complained that Respondent had made her suffer because of his abuse of processes and disregard for her rights as a litigant.
She narrates as follows:LawlibraryofCRAlaw
In 2002, the Regional Trial Court, Branch 162, Pasig City which tried Civil Case No. 65147 issued its resolution in her favor. In order to delay the case, Respondent brought the case on appeal to the Court of Appeals under CA-GR CV No. 76360. The Court of Appeals decided in her favor on January 13, 2004 but Respondent again filed an appeal before the Supreme Court under GR No. 167413. Lumberio lost and the case became final and executory.
Undeterred, respondent tried to defer the execution of the decision of the RTC, Branch 162, by bringing to the Court of Appeals a Petition for Annulment of Judgment under CA-GR SP No. 97564. When rebuffed, he again appealed to the Supreme Court under GR No. 181243 sans a clear or new arguments other than what he had presented before the Court of Appeals.
Still, Respondent filed a Petition for Certiorari seeking to annul the 29 November 2007 Order of the RTC before the Court of Appeals under CA-GR SP No. 101992 which was however dismissed. From hereon, there was not stopping the Respondent. Once again he filed a new complaint before the RTC of Mauban, Quezon, Branch 64 under Civil Case No. 08-0666-M. Apart from this, Respondent filed several Motion, Inhibition and Contempt that were meant to delay the resolution of the case. He likewise filed an administrative case against Judge Briccio Ygaña of RTC Branch 153, Taguig City. Complainant then complained that Respondent had done more than enough to suppress her rights as a winning litigant and filed this case for abuse of processes pursuant to Rule 10.03 and Rule 10.02 of Canon 10 and Rule 12.04 of Canon 12 of the Code of Professional Responsibility (CPR).
Respondent, for his part, denied the accusation and clarified that the several pleadings he had filed had centered on the legality of the court's decision ordering the cancellation of the title of Lumberio in such ordinary proceeding for cancellation of the title. To his mind, the said ordinary proceeding for cancellation of title before the RTC Branch 153, Taguig City was void because the law vests upon the government through the Solicitor General the power to initiate a reversion case if there is such a ground to cancel the title issued by the Land Management Bureau in favor of Lumberio.
With respect to the civil case before the RTC of Ma[u]ban, Branch 64, he explained that the said case does not show that herein counsel committed any act of dishonesty which may subject him to any prosecution as he is just exercising his profession to the best of his ability.4
x x x [O]ne can immediately appreciate and see the abusive and spiteful conduct of Respondent. He as a lawyer could have hardly missed knowing that his subsequent actions were merely meant to harass the opposing litigant as in fact the Supreme Court had already issued its final ruling on the matter. After the ruling of the High Court, Respondent should have known that the case had been finally adjudicated and no amount of judicial exercise could turn the decision in his client's favor. From then on, he should have saved his efforts of filing cases and motions in court, as they are futile anyway, because he has his duty to the court above that to his client.
Needless to state, the Respondent is found herein to have violated Canon 12, Rule 12.02 and Rule 12.04 of the CPR for which he should be meted with the appropriate administrative penalty.8
2. x x x he had only exhausted all possible remedies available under the premises;
x x x x
With all candor and honesty, undersigned believes that he was only doing his legal duty as a lawyer to exhaust all legal remedies taking steps within its framework. He has not done any wrongdoing while taking such routes. He has never been dishonest;
x x x x
4. Respondent believes that undersigned deserves an acquittal given the fact that it was not shown that he acted in bad: faith in taking such legal remedies.
5. Respondent cannot also be charged with abuse of judicial process because complainant has other recourse available to execute the said decision in her favor while there were petitions filed, complainant also did not allege that respondent has abused the judicial process. The courts to which the said petitions were filed also did not cite the respondent in contempt of court [nor was a warning] given.
xx x x
6. Moreover, respondent is now suffering from renal failure which requires him to undergo dialysis three (3) times in a week. To suspend him for four months would mean that he would stop his dialysis for four moths [sic] which may cause his immediate death. This Honorable Commission would not be too happy to see one of its members begging for alms from PCSO and government officials to shoulder his dialysis of about P100,000.00 per month.9
x x x I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion with all good fidelity as well to the courts as to my clients x x x (Emphasis supplied)
Duties of attorneys. - It is the duty of an attorney: xxxx
(c) To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law;
x x x x
(g) Not to encourage either the commencement or the continuance of an action or proceeding, or delay any man's cause, from any corrupt motive or interest; (Emphasis supplied)
Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man's cause.
Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice.
Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause.
Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse Court processes. (Emphasis supplied)
This presiding judge would like to emphasize that, having assumed her position as acting presiding judge of this branch only last September 2005, she does not know any of the parties from Adam. As such, she could not be inclined to show bias in favor of one of them. She refuses, however, to be drawn into a discussion, to put it mildly, with respondent's counsel as to her knowledge of the law.
However, to obviate any suspicion as to her objectivity, she inhibits herself from further hearing this case although the reasons stated by the defendant are not one of those provided for in the Rules for the voluntary inhibition of a judge.
Respondent's counsel is hereby advised to be more professional in his language, he, being a lawyer, is first and foremost an officer of the court.13
This Petition for Annulment of Judgment is petitioner's last-ditch effort to defer the execution of the 31 July 2002 Decision of the Regional Trial Court of Pasig City, Branch 162, which has long attained finality.Moreover, in his Omnibus Order16 dated September 18, 2008, Judge Briccio C. Ygaña17 stated:LawlibraryofCRAlaw
x x x x
In epitome, to sustain petitioner's insinuation of extrinsic fraud is to make a mockery of Our judicial system. We take exception to the unjustified delay in the enforcement of the RTC Decision dated 31 July 2002 which has long become final and executory. This is obviously a spiteful ploy to deprive respondent of the fruits of her victory.
WHEREFORE, the Petition for Annulment of Judgment is hereby DISMISSED.15
This case is a clear example of how a party, aided by a smart lawyer, could unduly delay a case, impede the execution of judgment or misuse court processes. Defendant and counsel are very lucky that the herein plaintiff has the patience of Job. Should this case reach the attention of the Supreme Court, where the whole story will be known, they will have a lot of explaining to do.18
Endnotes:
* Per Special Order No. 2147 dated August 24,2015.
1Rollo, pp. 1-5.
2 Id. at 81-85.
3 Id. at 92.
4 See Report and Recommendation, pp. 2-3, id., unpaginated.
5 Id. at 4; id.
6 Id.
7 Id. at 5; id.
8 Id.
9Rollo, unpaginated.
10Valencia v. Cabanting, A.C. Nos. 1302, 1391, & 1543, April 26, 1991, 196 SCRA 302, 308.
11 Id. at 309.
12Cantorne v. Ducusin, 57 Phil. 23, 25 (1933).
13 See Omnibus Order of Judge Briccio C. Ygaña dated September 18, 2008, p. 6; rollo, pp. 6-15 at 11.
14Rollo, pp. 40-46; penned by Associate Justice Japar B. Dimaampao and concurred in by Associate Justices Portia Alino-Hormachuelos and Mario L. Guariña III.
15 Id. at 40-45.
16 Id. at 6-15.
17 Regional Trial Court of Pasig City, Branch 153.
18Rollo, pp. 14-15.
19 See Penticostes v. Judge Hidalgo, 268 Phil. 86 (1990); Garcia v. Francisco, A.C. No. 3923, March 30, 1993, 220 SCRA 512; Millare v. Montero, 316 Phil. 29 (1995); Afurong v. Atty. Aquino, 373 Phil. 695 (1999); Re: Administrative Case Against Atty. Occena, 433 Phil. 138 (2002); Plus Builders, Inc. v. Atty. Revilla, Jr., 533 Phil. 250 (2006).