Occena v Marquez

G.R. No. L-27396. September 30, 1974

Antonio J.

The gross value of the estate of the late Ogan is more than P2 million. Petitioners, Atty. Jesus and Samuel
Occeña, are the lawyers for the estate executrix, Mrs Occeña, defending the estate against claims
and protecting the interests of the estate. In order to expedite the settlement of their deceased
father's estate, the seven instituted heirs decided to enter into compromise with the claimants, as a
result of which the total amount of P220,000.00 in cash was awarded to the claimants, including
co-executor Atty. Binamira, his lawyers and his wife who is one of the heirs.

Issue: Whether Atty. Binamira made false statements in order to favor the share of his wife.

Held:
Yes. Atty. Binamira Claimed to have duly executed mortgage which in reality is only a proposed mortgage
not signed by parties. Record showed only a certain P50,000 loan and not P100,000 as he claimed
against the petitioners. Stated that SAMUEL OCCENA became president of Bohol Land Transport
after making the P100,000 load. Corporate secretary of Bohol Land said otherwise. Stated a certain
income distributed to heirs when no income existed. Said that executrix failed to state assets which
are actually gifts or furniture payments to the executrix personally. Mentioned that petitioners and
executrix did not pay him when there was a receipt signed. Guilty of Contempt