Millare v.

Montero
246 SCRA 1

FACTS: In an ejectment case in MTC, the court decided in favor of Pacifica Millare,
the mother of petitioner Rodolfo Millare, and ordered Elsa Dy Co to vacate the land.
Atty. Eustanquio Montero, counsel of Co, filed 6 appeals, complaints, or petitions to
frustrate the execution of the MTC judgment such as Appeal to the RTC, without
paying the bond or rentals, Appeal to CA, Action for annulment of decisions and/or
reformation or novation of decisions filed with the CA, Petition for review on certiorari
with SC, Appeal and/or review by certiorari with CA, and Petition for certiorari,
prohibition, mandamus and preliminary issuance of prohibitory order with RTC. While
Rodolfo Millare and his mother, Pacifica Millare move for the execution of the original
MTC decision, it was always deferred due to one of the several cases pending.
Rodolfo Millare files an administrative complaint against Atty. Montero. the SC
referred to the Integrated Bar of the Philippines (IBP) for investigation, report and
recommendation. The IBP recommended that Atty. Montero will be suspended from
the practice of law.

ISSUE: Whether or not Atty. Montero should be suspended from the practice of law.

RULING: Yes. Atty. Montero has clearly violated some of the rules and provisions of
the Code of Professional Responsibility, specifically Canon 12, 19, and 15. Rule
15.07 states that a lawyer shall impress upon his client compliance with the laws and
the principles of fairness. In this case, the respondent continuously gives false hopes
to Co that the judgment and execution can be overturned by continuous appeals and
petitions. It is unethical to abuse or wrongfully uses the judicial process, like filing
dilatory or frivolous appeals only for the sole purpose of frustrating and delaying the
execution of judgment. A judgment can only be annulled on 2 grounds (a) judgment
is void for lack of jurisdiction or lack of a due process of law or (b) it has been
obtained by fraud. The judgment in the original MTC decision was already final and
executory and Atty. Montero knew it, but he did not stop from disturbing the Court.
Instead of opening the eyes of his client to the ways of the law and court processes,
he displayed unethical acts that adversely affect the image of justice. Hence, he was
suspended for one (1) year.