ISIDRA VDA. DE VICTORIA v. COURT OF APPEALS, et al.

Moreover, the Code of Professional Responsibility obligates lawyers to ―observe the

rules of procedure and not misuse them to defeat the ends of justice.‖
467 SCRA 78 (2005) It is, therefore, lamentable that Atty. Basar, by misrepresenting the timeliness of an
appeal from a final and executor Resolution of the Court of Appeals, chose
to disregard the fundamental tenets of the legal profession. In fact, from his
Every lawyer pledges to act with “candor, fairness and good faith to the court. explanation, he was well aware that the reglementary period for appeal from the
Decision of the RTC had already lapsed, but he nevertheless persisted in filing a
The Supreme Court granted petitioner Mario Victoria (Victoria) an extended period petition for review on certiorari.
to file the petition, conditioned, however, on the timeliness of the filing of the Motion
for Extension of Time to File Petition for Review on Certiorari. It is a basic rule of
remedial law that a motion for extension of time must be filed before the expiration of
the period sought to be extended. Where a motion for extension of time is filed beyond
the period of appeal, the same is of no effect since there would no longer be any period
to extend, and the judgment or order to be appealed from the will have become final
and executory.

In the case at bar, an examination of the records reveals that the reglementary period to
appeal had in fact expired almost 10 months prior to the filing of Victoria’s motion for
extension of time on April 10, 2001. The Registry Return Receipt of the Resolution of
the Court of Appeals(CA) dismissing the CA Certiorari Petition shows that the same
was received by counsel for Victoria’s agent on June 5, 2000. Hence, Victoria had only
until June 20, 2000 within which to file an appeal or motion for new trial or
reconsideration.

In the same Decision, the Court noted that Victoria, with the aid of his counsel, Atty.
Abdul Basar (Atty. Basar), made misleading statements in his Motion for Extension of
Time to File Petition for Review on Certiorari and in his subsequent Petition respecting
the timeliness of his appeal and the status of the Resolutions of the CA.

Consequently, the SC ordered Victoria and Atty. Basar, to show cause, within 10 days
from receipt of the Decision, why they should not be held in contempt of court and
disciplinarily dealt with for violation of Canon 10 of the Code of Professional
Responsibility.

ISSUES:

Whether or not Atty. Basar can be held liable in contempt of court and for misconduct

HELD:

As part of his or her oath, every lawyer pledges to act with ―candor, fairness and good
faith to the court.‖ Thus, a lawyer is honor bound to act with the highest standards of
truthfulness, fair play and nobility in the conduct of litigation and in his relations with
his client, the opposing part and his counsel, and the court before which he pleads
his client’s cause.