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Philippine Supreme Court Jurisprudence > Year 2016 > August 2016 Decisions >
2016 - AVIDA LAND CORPORATION (FORMERLY LAGUNA PROPERTIES HOLDINGS
AL C. ARGOSINO, Respondent.:

A.C. No. 7437, August 17, 2016 - AVIDA LAND CORPORATION (FORMER

AVIDA LAND CORPORATION (FORMERLY LAGUN

The only issue before Us is whether respondent's act of filing numerous

violation of the Code of Professional Responsibility and the Lawyer's Oat

In its questioned Resolution1, the Board of Governors (Board) of the Inte

w Investigating Commissioner,3 who found respondent guilty of violating C
execution, and recommended that the latter be reprimanded or censure

Complainant is a Philippine corporation engaged in the development and

Corporation (Rodman).7 chanrob leslaw

Complainant entered into a Contract to Sell with Rodman,8 under which

financing. In the event that such financing would be disapproved, Rodm
within 15 days from its receipt of the loan disapproval.9 chanrob lesla w

After settling the downpayment, Rodman took possession of the propert

In three separate letters11, complainant demanded that Rodman pay the

basis within 18 months.13 chanrob leslaw

Rodman made a partial payment of P404,782.56 on 22 March 1999. It a

complainant disputed.14 chan robles law

Consequently, complainant rescinded the Contract to Sell by notarial act

As Rodman remained in possession of the property,16 complainant filed a

Soon after, Rodman filed a Complaint before the Housing and Land Use
the accounting of payments and the fixing of the period upon which the

The MTC took cognizance of Rodman's HLURB Complaint, and dismissed

HLURB Regional Office No. IV (HLURB Regional Office), through its arbit
attorney's fees.20 Rodman appealed the ruling to the HLURB Board of Co

In its subsequent Decision,22 the HLURB Board modified the arbiter's rul
right to rescind the contract subject to a refund of all the sums paid by c
the premises at the rate of 1% of the contract price per month."23 chanrobles law

Complainant filed a Motion for Reconsideration24 of the HLURB Board's D

contract. Rodman filed a Comment/Opposition25 to complainant's motio c ralawred

The HLURB Board thereafter issued a Resolution27 modifying its earlier D

xxx [T]he complainant (Rodman) is directed to immediately pay

and penalties which may have accrued in the meantime, failing
paid by the complainant less deductions as may be stipulated in
contract price per month.

As neither of the parties appealed the judgment within the period allowe

The parties thereafter attempted to arrive at a settlement on the judgm

complainant filed a motion for writs of execution and possession29before

Respondent filed an Opposition/Comment on the motion and subsequen

In an Order32 dated 10 August 2006, the HLURB Board granted complain

the judgment and/or other appropriate disposition.

Respondent moved for reconsideration of the Order dated 10 August 20

respondent filed a Reply36 and Surrejoinder.37 c hanrobles law
ivision
On 17 January 2007, the HLURB Board issued an Order38 denying Rodm
concerning the implementation of the final and executory Decision, shall
filing any pleading in the guise of an appeal on collateral issues or quest

On 5 March 2007, respondent filed a Motion for Computation of Interest

the accrual of interest. Complainant filed its Opposition with Motion for I

In its Order42 dated 31 July 2007, the HLURB Regional Office accordingly
also directed the issuance of a Writ of Execution implementing the HLUR

Instead however of complying with the Order and the Writ of Execution,
(3) to Set the Case for Conference.45 The said motion injected new issue
P2,685,479.64, [complainant] should simultaneously turn-over the dupl

Respondent also filed a Petition46 to Cite Complainant in Contempt for is

On 7 November 2007, the HLURB Regional Office summoned the parties

serve its purpose.

Respondent thereafter moved for the inhibition of Atty. Aquino as arbite

alleged that Arbiter Aquino had shown bias in favor of complainant, and

In an Order dated 23 April 2008,49 the HLURB Regional Office (1) denied
Possession; and (3) directed complainant to comment on the Petition cit

Respondent moved for reconsideration of the aforementioned Order, rei

yielded and ordered the re-raffle of the case, which went to Arbiter Raym

When complainant filed an Urgent Ex-Parte Motion to Resolve Pending M

that his Motion to be Furnished with Notice of Re-raffle should be acted
re-evaluated by the new handling arbiter after the re-raffling x x x."

On 5 January 2009, respondent filed a Manifestation on the Notice of Co

not to submit itself to the jurisdiction of Arbiter Foronda, but to facilitate

On 16 January 2009, respondent filed a Motion for Inhibition against Arb

he was not notified of its conduct despite his earlier Motion to be Furnish

Thereafter, the parties submitted various pleadings on the issue of whet

In a Resolution dated 22 September 2009, Arbiter Foronda held that (1)

SION AND MATEO A. BELIZAR, Respondents. case at the execution stage; (2) the claim of Rodman that its Motion for
eventual inhibition from the case; and (3) Rodman's prayer for the summ
denied.
ND ADELAIDA REYES, Respondents.

LS, AND PAMANA ISLAND RESORT HOTEL AND MARINA CLUB, The 22 September 2009 Resolution put an end to the long-drawn-out di

ADMINIS
TY, SANGGUNIANG PANGLUNGSOD OF ANTIPOLO, BARANGAYS STA.

On 21 February 2007, in the midst of the squabble over the HLURB case
Y MARASIGAN, Accused-Appellants. Affidavit50 against respondent for alleged professional misconduct and v
manifested a disregard of the following tenets:51
titioners, v. IGMEDIO C. SARMIENTO, JOSE JUN CADA AND ERVIN R.

1. Rule 1.03 - A lawyer shall not, for any corrupt motive or interes
ILLO, Accused-Appellant.
AFE Y BRIONES @ ANGEL, Accused-Appellant. 2. Canon 10 - A lawyer owes candor, fairness, and good faith to th
PPINES, DEPARTMENT OF AGRARIAN REFORM, REPRESENTED BY THE
3. Rule 10.03 - A lawyer shall observe the rules of procedure and s
nts.

E ALIAS "NONOY," Accused-Appellant. 4. Canon 12 - A lawyer shall exert every effort and consider it his

NO INDIAN CHAMBER OF COMMERCE IN THE PHILIPPINES, INC.,

5. Rule 12.04 - A lawyer shall not unduly delay a case, impede the

ALVAREZ, JR., Respondent. In his Comment,52 respondent claimed that what primarily caused the de
NO, JR., JULIUS VICTOR MEDALLA, CHRISTOPHER SOLIVA, WARREN L.
. 1. It took complainant's counsel a period of six months to file a Mo

Respondent. 2. The Motion for Writ of Execution was filed before the HLURB Boa
NA RABIE, REPRESENTED BY ABRAHAM R. DELA CRUZ, Respondent.
Respondent also raised the issue of complainant's counsel's erroneous a
PHILIPPINES, Respondents. the delay in the resolution of the dispute.55chan roble slaw

ISTRATOR, Complainant, v. ELENA S. DIONISIO, FORMER OFFLCER-IN-

Further, respondent argued that he could not have possibly caused dela
February 2007, as complainant filed its Motion for Writ of Execution befo
O, Accused-Appellant.
Lastly, respondent asserted that he merely followed his legal oath by de
RUCTURE CORPORATION, Respondent.

v. BENITA PEREZ MACABEO, Respondent. As respondent allegedly continued performing dilatory and frivolous tact

TA C. BATAC AND DORINA D. CARPIO, Complainants, v. ATTY. The Court referred this case to the IBP for investigation, report, and rec

COM SAVINGS BANK, Respondent. On 22 June 2013, the IBP issued a Resolution adopting and approving th
for reconsideration or a petition within the period allowed.61 chan robles law

TION, INC., Respondent.

VICTORIANO A. BASCO AND/OR HYUNDAI MERCHANT MARITIME, CO.,

Respondent is guilty of professional misconduct.

GA Y FABRE, Accused-Appellant.
Despite the simplicity of the issue involved in the HLURB case, the path
Petitioner, v. EDUARDO SANVICTORES, Respondent.
to delay the actual execution of the judgment therein. He continued to f
ESTO V. VILLAGARCIA, Respondent. accusations of bias or procedural defects. These acts manifest his prope
of justice.
AN AND DEPARTMENT OF FINANCE-REVENUE INTEGRITY PROTECTION

The defense that respondent is merely defending the cause of his client
ent.
As a lawyer, respondent indeed owes fidelity to the cause of his client an
ND TRUST COMPANY, Respondent. every honorable means to defend the cause of his client and secure wha
ACALIGTAN, Respondents.
Professional rules, however, impose limits on a lawyer's zeal and hedge
CLAIRE T. DABU, Petitioners, v. LANIE M. LABITIGAN, Respondent. required to exert every effort and consider it their duty to assist in the s
means to attain the lawful objectives of their client.65
TUHAN AND ASHLEY PLANAS LACTURAN, Accused-Appellants.
c hanrobles law

titioners, v. BANGKO KABAYAN-IBAAN RURAL BANK, INC., Respondent. In Millare v. Montero, the Court ruled that it is unethical for a lawyer to
66

frivolous appeals - for the sole purpose of frustrating and delaying the e
Respondent.

ndent.
In Garcia v. Francisco,67 a lawyer willfully and knowingly abused his righ
duty as a member of the bar to pursue only those acts or proceedings th
, Accused-Appellant.
Respondent cannot hide behind the pretense of advocating his client's ca
AO, Accused-Appellant.

He even attempted to turn the tables on complainant by pointing out tha

or not the actions or omissions of complainant's counsel brought dire co
OF INTERNAL REVENUE, REPRESENTED BY COMMISSIONER KIM S.
PHILIPPINES, INC., Respondent.
GELES, ATTY. WYLIE M. PALER, AND ATTY. ANGELES GRANDEA, OF THE was instituted. This argument can no longer be considered viable, as he
Accused-Appellant; JESSIE MORANA, REX ALFARO, RODRIGO AZUCENA,
AN, MR. ROMEO TANCO, DR. SY SE HIONG, AND TAN CHU HSIU YEN,
ORNEY-IN-FACT, ROSALINE LOPEZ BUNQUIN, Complainant, v.
INCE OF ORIENTAL MINDORO, Respondent.
REPRESENTED BY THE PHILIPPINE DEPARTMENT OF JUSTICE,
ADORACION HAILAR, Respondents.
ED BY THE SURVIVING HEIRS, JOEL TAN AND ERIC TAN, Petitioners, v.
Under the IBP Commission on Bar Discipline's Guidelines for Imposing L
causes injury or potential injury to a client or a party.69 In this case, res
BATIC, RODRIGO CABATIC, AND MELBA CABATIC; AND ODELITO M. knowingly abused the legal process and violated orders of the HLURB Bo
ETRA MAGNO, MARCIANO MAGNO, ISIDRO MAGNO, TEODISTA MAGNO, executory. That he continued to do so even if a Complaint was already f
UEL M. DE GUZMAN AND MANOLO M. DE GUZMAN, Respondents.
MALDO, Accused-Appellant.
JR., Respondent.
OFELIAM. OLIVA, IN HER OFFICIAL CAPACITY AS THE CITY
Y AS THE CITY TREASURER OF CEBU CITY, Petitioner, v. NATIONAL
Respondent.
COMMODITIES CO., INC., REPRESENTED BY ITS PRESIDENT, WILLIAM
Respondent.
RAN, INC., DEMOSTHENES P. ORAIZ and RICARDO D. GONZALEZ,
ANI, Appellant.
I) AND ATTY. MARIA CONCEPCION S. NOCHE, IN HER OWN BEHALF AND
EILEEN Z. ARANETA, SALVACION C. MONTIERO, MARIETTA C. GORREZ,
N, SECRETARY-DESIGNATE OF THE DEPARTMENT OF HEALTH, NICOLAS
TION, AND MARIA LOURDES C. SANTIAGO, OFFICER-IN-CHARGE,
. NOCHE, IN HER OWN BEHALF AND AS COUNSEL OF PETITIONERS,
LVACION C. MONTIERO, MARIETTA C. GORREZ, ROLANDO M. BAUTISTA,
TE OF THE DEPARTMENT OF HEALTH, NICOLAS B. LUTERO III,
IA LOURDES C. SANTIAGO, OFFICER-IN-CHARGE, CENTER FOR DRUG
YEMA, Accused-Appellant.
NAN, Respondent.
DULLAH AND SARAH ANDO Y BERNAL, Accused-Appellants.
N Y ESPINOSA, Accused-Appellant.
complainant's counsel committed procedural errors that prolonged some
important, the so-called "blunders" were independent of respondent's ac
Respondent argues that he could not have possibly delayed the executio
later filed Supplemental Complaints against him.
What is patent from the acts of respondent — as herein narrated and ev
ultimately caused unjust delays in the administration of justice. These a
provide:Cha nRobles Vi rtua lawlib rary
Rule 10.03 - A lawyer shall observe the rules of procedure and s
Rule 12.04 - A lawyer shall not unduly delay a case, impede the
Further, respondent violated the Lawyer's Oath68 by disobeying the lega
While the IBP similarly found respondent guilty of professional miscondu
Further, ethical violations analogous to respondent's infractions have no
In Foronda v. Guerrero, the respondent therein was suspended for two y
matter in violation of Canon 1270 and Rule 12.0471 of the of the Code of
In Saladaga v Astorga,72 the respondent was found guilty of (1) breach
causing the undue delay of cases. For these offenses, a penalty of suspe
The respondents in Millare73 and Garcia,74 meanwhile, were suspended f
In Saa v. IBP,75 the petitioner was found to have violated Canon 12,76 R
was also suspended from practice of law for one year.
Thus, We have meted out the penalty of one to two years' suspension in
of justice. The IBP Guidelines similarly provide that "suspension is appro
client or a party, or interference or potential interference with a legal pro
Respondent, therefore, should not receive a mere reprimand; he should
WHEREFORE, in view of the foregoing, Atty. Al C. Argosino is found GU
which he is SUSPENDED from the practice of law for one (1) year effec
dealt with more severely.
Let a copy of this Decision be furnished to the Office of the Bar Confidan
for circulation to all courts. Likewise, a Notice of Suspension shall be app
Upon his receipt of this Decision, respondent shall forthwith be suspende
furnish all courts and quasi-judicial bodies where he has entered his app
SO ORDERED. chanRoblesvirt ual Lawlib rary
Leonardo-De Castro, Bersamin, Perlas-Bernabe, and Caguioa, JJ., concu
 T, FE HERNANDEZ-ARCEO, Petitioner, v. EDWINA C. OCAMPO,
SHERIFF, REGIONAL TRIAL COURT, BINAN, LAGUNA, AND THE Endnotes:

ALBERTO G. ROMULO, DEPUTY EXECUTIVE SECRETARY ARTHUR P.

F. DACUYCUY, C.G. DUMATAY, HIGEVO C. MANGOSING, JOEY C. 1
Dated 22 June 2013; Rollo, p. 890.
NDRO JESUS T. SALES, EDGARDO T. AGBAY, EDUARDO F. PACIO,
AZ, MARY JANE M. LAPIDEZ, MELCHOR P. ABRIL, VILMA A. VERGARA,
NDA RIZO, MA. CHAREVA S. GONZALES, LILIAN P. GACUSAN, MA.
2
Id. at 891-902.
O, EDUARDO D. ADINO, MILAGROS M. VELASCO, BELEN T. TORMON,
3
Atty. Manuel T. Chan

HODORA J. CADIAO, ALFONSO V. COMBONG, JR., BENJAMIN E. 4

Rule 12.04 - A lawyer shall not unduly delay a case, impede th
AND KENNY S. OLANDRES, Respondents.

espondent.
5
Rollo, p. 902.

L, Appellant. 6
Id. at 2.
AMER Y MANDANE, Accused-Appellant. 7
Id. at 4.
ANKING CORPORATION, Respondent.
8
Id. at 3.
, CRISPIN ALCOMENDRAS, CORAZON SABINADA, VIRGINIA CATA-AG,
TERS ASSOCIATION, INC., DAVAO FRUITS CORPORATION, AND 9
Id.
VERNMENT OF DAVAO, Petitioner, v. COURT OF APPEALS, PILIPINO
Y AGRICULTURAL AND DEVELOPMENT CORPORATION, Respondent.
10
Id. at 893.

11
Dated 24 September 1998, 13 January 1999, and 1 February
Y LAYA, Accused-Appellant.

T S.B.C., INC., Petitioners, v. FAITH IN CHRIST JESUS BAPTIST CHURCH,

12
Id. at 841.

13
Id.
MA L. SILONGAN, ABIE M. AMILIL, AND SALICK U. PANDA, JR.,
14
Id.
CORPORATION, REALTY Respondent.
15
Id.
nt.

NGS, INC.), Complainant, v. ATTY. AL C. ARGOSINO, Respondent.

16
Id.

IFF IV, REGIONAL TRIAL COURT, BRANCH 19, IN NAGA CITY, 17

Id. at 299-317.

18
Id. at 319-328.
SR., SUBSTITUTED BY THE HEIRS, REPRESENTED BY ATTY.
19
Id. at 337-338.
, Respondent.
20
Id. at 47-55.
H DIVISION, TEOFILO Q. INOCENCIO, REGIONAL DIRECTOR,
21
Id. at 57-89.
E BELLO AND CARMENCITA A. ROUS-GONZAGA, Respondents.
22
Id. at 41-45.
ES BADILLA, Accused-Appellant.

RESENTED BY ROSEMARY PAPINA-ZABALA, Respondent.

23
Id. at 45.

(MANILA), INC., DOHLE MANNING AGENCIES, INC., AND MR. 24

Id. at 117-127.

ent.
25
cralaw red Id. at 128-140.

RIMO C. YBAÑEZ AND NILA S. YBAÑEZ, MARIS Q. REYOS, AND 26

Id.

27
Id. at 152-153.
RCO I. AVANCEÑA, Complainant, v. ATTY. REBECCA S. FRANCISCO-
28
Id. at 154-169.
Y BARRIDO, A.K.A. "JAKE DELIOLA," Accused-Appellant.
29
Id. at 170-174.
NISTRATOR, Complainant, v. ANTONIA P. ESPEJO, STENOGRAPHER III,
30
Id. at 442-445.
AGAMANO, Accused-Appellant. 31
Id. at 432-441.
ainant, v. ATTY. MARICEL LILLED ASUNCION-ROXAS, CLERK OF COURT
32
Id. at 175-176.

GO Y ACUT, Accused-Appellant. 33
Id. at 181-185.
Y, SHEELA LAO, AND LEODELYN LIBOT, Petitioners, v. BEAUTY LANE
34
Id. at 186-193.

ORIENTAL I ELECTRIC COOPERATIVE, INC., Respondent. 35

Id. at 469-476.
O, Complainant, v. ERIC C. CALDITO, PROCESS SERVER, BRANCH 35,
36
Id. at 461-468.

Respondent. 37
Id. at 477-486.
DA, Accused-Appellant.
38
Id. at 195-196.
RATION AND/OR MASTERBULK PTE. LTD., Respondents.
39
Id.
INES, Respondent.

pondent.
40
Id. at 487-490.

OF CABANATUAN CITY, AND SANGGUNIANG PANLUNGSOD OF 41

Id. at 273-285.
ND SANDRA MELENCIO IN REPRESENTATION OF MA. PAZ SALGADO
s. 42
Id. at 750-752.
FELISA CRUZ VDA. DE RANIN, REPRESENTED BY HER ATTORNEY-IN-
43
Id. at 752.

ant, v. ATTY. SOCRATES R. RIVERA, Respondent. 44

Id. at 746-749, issued on 16 August 2007.
TOR, Complainant, v. FORMER JUDGE ROSABELLA M. TORMIS,
45
Id. at 693-698.

ON, METROPOLITAN BANK & TRUST COMPANY, PHILIPPINE BANK OF 46

Id. at 736-744.
PMENT BANK, Petitioners; RIZAL COMMERCIAL BANKING
GO NETWORKS, Petitioner-Intervenor, v. REPUBLIC OF THE 47
Id. at 776-785.
FINANCE, DEPARTMENT OF FINANCE, THE NATIONAL TREASURER, AND
48
Id.
ondent.
49
Id. at 786-789.
R TRANSPORTATION OFFICE (ATO), Petitioner, v. ARTURO M.
50
Id. at 1-15.
ners, v. PEOPLE OF THE PHILIPPINES, Respondent.
51
Id. at 1-2.
GEORGE C. GO, Petitioners, v. PHILIPPINE BANK OF
t. 52
Id. at 203-242.
RATIONS (MANILA), INC., GAY CRUZADA, AND PAULA ALCARAZ,
53
Id. at 204.

INI, DUNCIA AND WONG), Petitioner, v. DIRECTOR EMMA C. 54

Id. at 207.
CTOR EPIFANIO M. EVASCO (IN HIS CAPACITY AS THE DHUECTOR OF
55
Id. at 217.
ant, v. CEFERINA B. RIVERA, COURT STENOGRAPHER III, REGIONAL
Y OCA IPI No. 13-4049-P] - PRESIDING JUDGE RUFINO S. FERRARIS, 56
Id. at 211.
RA, COURT STENOGRAPHER III, REGIONAL TRIAL COURT OF DAVAO
] - IRINEO F. MARTINEZ, JR., Complainant, v. CEFERINA B. RIVERA, 57
Id. at 230.
ONDENT.; OCA IPI No. 14-2731-MTJ - CEFERINA B. RIVERA, COURT
, v. PRESIDING JUDGE RUFINO S. FERRARIS, JR., MUNICIPAL TRIAL 58
Id. at 502-508; 583-594; 625-632.

UILO-GARCIA, Respondent. 59
Id. at 500.

LAZARO AND HEIRS OF ELIAS POLICARPIO, Respondents. 60

Supra note 1.
JUSTINA CLARISSA P. MAMARIL, Respondents.
61
Id. at 887.
ondent.
Pariñas v. Paguinto, 478 Phil. 239-247 (2004), citing Gamalind
62
ners, v. JESUS M. SISON, Respondent.

N, Petitioner, v. REY RUECA CASTILLO, Respondent. Millare v. Montero, 316 Phil. 29-37 (1995), citing Wolfram, Mo
63

ONG, Accused-Appellant. 64
Code of Professional Responsibility, Canon 12.
S TANGKENGKO AND RANILLO TANGKENGKO, Respondents.
65
Id. Canon 19, Rule 19.01.
R SUSTAINABLE DEVELOPMENT, AND THE PALAWAN COUNCIL FOR
S, AS REPRESENTED BY HIS ATTORNEY-IN-FACT, CAPT. ERNESTO LIM, Millare v. Montero, supra note 63, citing Edelstein, The Ethics
66

and Deposit Co., 554 F.2d 539, 543 (2d Cir. 1971).
ONG, Accused-Appellant.
Garcia v. Francisco, A.C. No. 3923, 30 March 1993, 220 SCRA
67

ANGE OF FAMILY NAME IN THE BIRTH CERTIFICATE OF FELIPE C.

ELA, Petitioner, v. REPUBLIC OF THE PHILIPPINES, Respondents. 68
chan roble slaw

VILMA M. MARAVILLO AND DOMINGO MARAVILLO, JR., Petitioners, v.

M. MALANCE, AND DOMINGA** M. MALANCE, REPRESENTED BY
I, ___ of ____, do solemnly swear that I will maintain allegiance
orders of the duly constituted authorities therein; I will do no fa
groundless, false or unlawful suit, or give aid nor consent to the
best of my knowledge and discretion, with all good fidelity as w
mental reservation or purpose of evasion. So help me God.

69
C. Factors to be Considered in Imposing Sanctions

xxxx

6.23 Reprimand is generally appropriate when a lawyer negligen

party, or causes interference or potential interference with a leg

xxxx

70
Canon 12 - A lawyer shall exert every effort and consider it h

71
Supra note 4.

72
Saladaga v. Astorga, A.C. No. 4697, 25 November 2014.

Millare v. Montero, supra note 63.

73

74
Supra note 67.

Saa v. Integrated Bar of the Phil., 614 Phil. 203-209 (2009).

75

76
Supra note 69.

77
Supra note 4.

78
Rule 1.03 — A lawyer shall not, for any corrupt motive or inte
 79
Guidelines for Imposing Lawyer Sanctions, C(6.22).

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1973 1974

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2005 2006

2013 2014

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