G.R. No.

L-40136 March 25, 1975

COSMOS FOUNDRY SHOP WORKERS UNION and FILEMON G. ALVAREZ, petitioners,

vs.

LO BU and COURT OF APPEALS, respondents.

FERNANDO, J.:

This is a petition of certitiorati and prohibition assailing the jurisdiction of the Court of Appeals
for entertaining an Appeal from the Court of First Instance on a replevin suit which was
correctly dismissed by the alatter as it had all the earmarks of a subterfuge that was restorted to
for the prupose of frustrating the execution of the judgment in an unfair labor practice
controversy. Said unfair labor practice case was already passed upon and sustained by the SC,
hence cannot be further appealed for being final and executory.

LU BO Filled the petition on the ground that it lacks of jurisdiction to pass upon the validity of
the sale of the New Century Foundry Shop. Praying for the return of the levied properties this
time asserting that the petitioner labor union failed to put an indemnity bond. Allows sheriff to
keep the levied properties at his factory. All of which were denied by the court of en banc and
dismissed by the court for the lack of merit. The counsel, Yolando Bustamante, in his answer to
the petition had the audacity to deny such allegations. He simply ignored the fact that as counse
for respondent Lo Bu, he did specifically maintain that respondent filed a motion to recall the
writ of execution and follwed by the motion to return the levied property.

ISSUE:

Whether or not the conduct of Atty. Bustamante in denying the facts alleged in the
petition to defend the cause of his client is commendable.

HELD:

No. the conduct of Atty. Bustamante in denying the facts alleged in the petition to
defend the cause of his client is not commendable.

RATIO DECIDENDE: A lawyer expected to defend his client's cause with zeal,
but not at the disregard of the truth and in defiance of the clear purpose of
labor statutes. He ought to remember that his obligation as an officer of the
court, no less than the dignity of the profession, requires that he should not
act like an errand-boy at the beck and call of his client, ready and eager to do
his every bidding.

If he fails to keep that admonition in mind, then he puts into serious question
his good standing in the bar.