Case Digest: Conrado N. Que, Complainant, v. Atty Anastacio E. Revilla, Jr., Respondent | A.C. No. 7054, 11 November 2014

Conrado N. Que, Complainant, v. Atty Anastacio E. Revilla, Jr., Respondent
A.C. No. 7054, 11 November 2014

Facts:
    Que accused Revilla, Jr. of willfully delaying the final judgment of the lower court against his client. Respondent successfully filed a petition of certiorari before the Court of Appeals, two petitions of annulment of title and a petition for annulment of judgment before the Regional Trial Court, and a petition for declaratory execution of the lower court’s decision against his client.

Issue:
    Whether or not the respondent violated various canons and provisions of the Code of Professional Responsibility (CPR).

Held:
    Respondent’s abuse of court remedies by filing multiple actions praying for the same cause delayed the execution of the final judgment of the court. The respondent’s willful and revolting falsehood is also alleged by the complainant that unjustly maligned and defamed the good name and reputation of the late Atty. Alfredo Catolico who was the previous counsel of the respondent’s clients. The respondent’s repeated attempts go beyond legitimate means allowed by professional ethical rules in defending the interests of his clients. The respondent violated his duty as an attorney “never to mislead the judge or any judicial officer by an artifice or false statement of fact or law.”

    Due to the respondent’s multiple violations on the CPR, and is found liable for professional misconduct for violations of the Lawyer’s Oath; Canon 8; Rules 10.01 and 10.03, Canon 10; Rules 12.02 and 12.04, Canon 10; Rules 12.02 and 12.04, Canon 12; Rule 19.01, Canon 19 of the Code of Professional Responsibility (CPR); and Sections 20 (d), 21 and 27 of Rule 138 of the Rules of Court. The Supreme Court disbarred the respondent from the practice of law.

Comments

Post a Comment

Popular posts from this blog

Case Digest for Article 91 of the Family Code: Munoz v. Ramirez and Carlos

FRANCISCO MUÑOZ, JR., Petitioner, v. ERLINDA RAMIREZ and ELISEO CARLOS, Respondents G.R. No. 156125, 25 August 2010 FACTS: The residential lot in the subject property was registered in the name of Erlinda Ramirez, married to Eliseo Carlos (respondents). On 6 April 1989, Eliseo, a Bureau of Internal Revenue employee, mortgaged said lot, with Erlinda’s consent, to the GSIS to secure a P136,500.00 housing loan, payable within twenty (20) years, through monthly salary deductions of P1,687.66. The respondents then constructed a thirty-six (36)-square meter, two-story residential house on the lot. On 14 July 1993, the title to the subject property was transferred to the petitioner by virtue of a Deed of Absolute Sale, dated 30 April 1992, executed by Erlinda, for herself and as attorney-in-fact of Eliseo, for a stated consideration of P602,000.00. On 24 September 1993, the respondents filed a complaint with the RTC for the nullification of the deed of absolute sa
Read more

Case Digest: In the Matter of the IBP Membership Dues Delinquency of Atty. Marcial A. Edilion | A.M. No. 1928, 3 August 1978

In the Matter of the IBP Membership Dues Delinquency of Atty. Marcial A. Edilion A.M. No. 1928, 3 August 1978 Facts:     The respondent is a duly licensed practicing Attorney in the Philippines. The IBP Board of Governors recommended to the Supreme Court the removal of the name of the respondent from its Roll of Attorneys for stubborn refusal to pay his membership dues assailing the provisions of the Rules of Court 139-A and the provisions of Paragraph 2, Section 24, Article III of the IBP By-Laws pertaining to the organization of the IBP, payment of membership fee and suspension for failure to pay the same.     Edilion contends that the stated provisions constitute an invasion of his constitutional rights in the sense that he is being compelled as a pre-condition to maintain his status as a lawyer in good standing to be a member of the IBP and to pay the corresponding dues and that as a consequence of this, compelled financial support of the said organization to which he is admi
Read more

Case Digest: Fidela Bengco and Teresita Bengco, Complainants, v. Atty. Pablo S. Bernardo, Respondent | A.C. No. 6368, 13 June 2012

Fidela Bengco and Teresita Bengco, Complainants, v. Atty. Pablo S. Bernardo, Respondent A.C. No. 6368, 13 June 2012 Facts:     Fidela Bengco and Teresita Bengco filed a complaint for disbarment against Atty. Pablo S. Bernardo for deceit, malpractice, conduct unbecoming a member of the Bar, and violation of duties and oath as a lawyer. From 15 April 1997 to 22 July 1997, the respondent – with the connivance of Andres Magat – willfully and illegally committed fraudulent act with intent to defraud against the complainants by using false pretenses and deceitful words to the effect that he would expedite the titling of land belonging to the Miranda Family of Tagaytay City, who are the acquaintance of the complainants.     It started when the respondent convinced the complainants to finance and deliver to him PhP 495,000.00 as advanced money to expedite the titling of the subject land. He further committed misrepresentation by presenting himself as the lawyer of William Gatchalian, the prosp
Read more