Cited Laws
TL;DR — Ruling
WHEREFORE, the Petition for Annulment of Judgment is hereby DISMISSED. [15] Moreover, in his Omnibus Order [16] dated September 18, 2008, Judge Briccio C. Ygaña [17] stated: 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.
WHEREFORE, the Petition for Annulment of Judgment is hereby DISMISSED. [15] Moreover, in his Omnibus Order [16] dated September 18, 2008, Judge Briccio C. Ygaña [17] stated: 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] It is quite clear that respondent has made a mockery of the judicial process by abusing Court processes, employing dilatory tactics to frustrate the execution of a final judgment, and feigning ignorance of Ms duties as an officer of the court. He has breached his sworn duty to assist in the speedy and efficient administration of justice, and violated the Lawyer's Oath, Rules 10.03 and 12.04 of the Code of Professional Responsibility, and Rule 138, Sec. 20 (c) and (g) of the Rules of Court. In so doing, he is administratively liable for his actions. Rule 138, Sec. 27 of the Rules of Court provides the penalties of disbarment and suspension as follows: Disbarment or suspension of attorneys by Supreme Court; grounds therefor. - A member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before admission to practice , or for a wilful disobedience of any lawful order of a superior court, or for corruptly or wilfully appearing as an attorney for a party to a case without authority so to do x x x. In previous decisions involving abuse of court processes, [19] this Court has imposed the penalty of suspension ranging from six months to two years. In light of the following aggravating circumstances - multiplicity of motions and cases filed by respondent, the malice evinced by his filing of various motions to prevent the judges and sheriff from fulfilling their legal duties, feigned ignorance of his duties as an officer of the court, and his lack of remorse for his actions - the Court finds that a penalty of suspension for 18 months would be commensurate to the damage and prejudice that respondent has inflicted on complainant Salabao for his actions. WHEREFORE , premises considered, respondent Atty. Andres C. Villaruel, Jr. is hereby found GUILTY of violation of the Lawyer's Oath and Rules 10.03 and 12.04 of the Code of Professional Responsibility and is hereby suspended from the practice of law for a period of eighteen (18) months. Let copies of this Resolution be furnished the Office of the Bar Confidant and noted in Atty. Villaruel's record as a member of the Bar. SO ORDERED.