FIRST DIVISION

[A.C. No. 7437. August 17, 2016]

AVIDA LAND CORPORATION (FORMERLY LAGUNA PROPERTIES HOLDINGS, INC.), complainant, vs.
ATTY. AL C. ARGOSINO, respondent.
Ruling: Atty Al C. Argosino is found GUILTY of violating Rules 10.03 and 12.04 of the Code of Professional Responsibility and the Lawyer’s Oath, for which he is SUSPENDED from the practice of law for one (1) year effective
upon the finality of this Resolution. He is STERNLY WARNED that a repetition of a similar offense.

Doctrine: Under the Code of Professional Responsibility (CPR), lawyers are required to exert every effort and consider it their duty to assist in the speedy and efficient administration of justice.

FACTS: Complainant is a Philippine corporation engaged in thedevelopment and sale of subdivision houses and lots.
Respondent was counsel for Rodman Construction & Development Corporation (Rodman)

Complainant entered into a Contract to Sell with Rodman, under which the latter was to acquire from the former a
subdivision house and lot in Santa Rosa, Laguna through bank financing. In the event that such financing would be
disapproved,Rodman was supposed to pay the full contract price of P4,412,254.00, less the downpayment of
P1,323,676.20, within 15 days from its receipt of the loan disapproval.

After settling the downpayment, Rodman took possession of the property.

Complainant demanded that Rodman to pay the outstanding balance of P3,088,577.80.

Both parties agreed that the amount would be paid on a deferred basis within 18 months. Rodman made a partial
payment of P404,782.56 on 22 March1999. It also claimed to have made other payments amounting to P1,458,765.06
from March 1999 to July 1999, which complainant disputed. As a result, complainant rescinded the Contract to Sell by
notarial act, and demanded that Rodman vacate the subject property.

Soon after, Atty Argosino on behalf of Rodman filed a complaint before the Housing and Land Use Regulatory Board
(HLURB) seeking nullification of the rescission. HLURB dismiss the complaint and ordered it to pay damages and
attorneys fees. However, thereafter, respondent’s act of filing numerous and various pleadings such as (1) to Quash the
Writ of Execution (2) for Clarification (3) the Set the case for Conference. Respondent also raised the issue of
complainant’s counsel’s erroneous acts of notarial rescission and filing of an ejectment suit. These motions injected new
issues and caused the delay in the execution of the final judgment which constitutes professional misconduct on the part
of the respondent.

ISSUE: Whether respondent’s act of filing numerous pleadings, that caused delay in the execution of a final judgment,
constitutes professional misconduct in violation of the Code of Professional Responsibility and the Lawyer’s Oath.

RULING: Respondent is guilty of professional misconduct of performing dilatory and frivolous tactics.
Atty Al C. Argosino is found GUILTY of violating Rules 10.03 and 12.04 of the Code of Professional Responsibility and the
Lawyer’s Oath, for which he is SUSPENDED from the practice of law for one (1) year effective upon the finality of this
Resolution. He is STERNLY WARNED that a repetition of a similar offense.

Further, respondent violated the Lawyer's Oath by disobeying the legal orders of a duly constituted authority, and
disregarding his sworn duty to "delay no man for money or malice.”

Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to
defeat the ends of justice.

Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of judgment or
misuse court processes.