This case has been cited 1 times or more.
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2015-08-24 |
DEL CASTILLO, J. |
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| In his Report and Recommendation, the Investigating Commissioner found at respondent "relentlessly filed petitions and appeals in order to exhaust all possible remedies to obtain relief for his client"[5] which he considered as tantamount to "abusive and a spiteful effort to delay the execution of Judgment."[6] He noted that after the Regional Trial Court (RTC) of Pasig City, Branch 162 issued a Resolution in Civil Case No. 65147 adverse to his client, respondent filed a barrage of cases/pleadings such as an appeal to the Court of Appeals (CA) which affirmed the RTC ruling, a petition for review with the Supreme Court which was denied for having been filed out of time; a petition for annulment of the RTC judgment which was dismissed by the CA; another petition for review before this Court which was again denied; a petition for certiorari which was dismissed by the CA; another civil case before the RTC of Mauban, Quezon which was dismissed for "improper venue, res judicata, and violation of the anti-forum shopping law"[7] and that it involved the same issues as the one filed in Pasig RTC. Moreover, he filed several inhibitions, motions and an administrative complaint against the presiding judge. The Investigating Commissioner, stated: x x x [O]ne can immediately appreciate and see the abusive and spiteful conduct of Respondent. He as a lawyer could have hardly missed knowing that his subsequent actions were merely meant to harass the opposing litigant as in fact the Supreme Court had already issued its final ruling on the matter. After the ruling of the High Court, Respondent should have known that the case had been finally adjudicated and no amount of judicial exercise could turn the decision in his client's favor. From then on, he should have saved his efforts of filing cases and motions in court, as they are futile anyway, because he has his duty to the court above that to his client. | |||||