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[G.R. No. 70484. June 17, 2003]

TUASON vs. REGISTRY OF DEEDS, CALOOCAN CITY

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JUN 17 2003.

G.R. No. 70484(Roman C. Tuason and Remedios V. Tuason, By Attorney-Infact, Trinidad S. Viado vs. Registry Of Deeds, Caloocan City, Ministry of Justice The National Treasurer.)

The Court rendered a Decision dated 29 January 1988 in this case involving 8,756 square meters of land located at Barrio Makatipo, Caloocan City. An entry of judgment was issued certifying that the Decision became final and executory on 22 August 1988. Orlando Rayos ("Rayos.") was the counsel for the petitioners and intervenors from the time the case was Filed on 15 April 1985.

On 19 February 2002, Rayos, as movant, Filed a "Motion for an Order Directing the Register of- Deeds of Caloocan City to Cancel Entry No. 2071/T-No. 62605 On Carmel Farms, Inc.'s TCT Nos. 62603 (now 15631), 62604 (later 64007, now 15807) and 62605 (now 15632) which. cancelled the Memorandum dated' September 16, 1973 Annotated on said Transfer Certificates of Titles and for Reinstatement to the Philippine Bar."

On 9 July 2002, public respondent Register of Deeds filed a Comment to Rayos' motion alleging that: (1) Rayos is not a party in this case and therefore has no personal standing to file the instant motion; (2) Rayos was ordered disbarred from the Philippine Bar in the Decision dated 28 January 1998 rendered in A.C. No. 2884 entitled Irene Rayos-Ombac v. Atty. Orlando Rayos; (3) the alleged non-payment of attorney's fees does not vest Rayos with a standing to file the instant motion; and (4) the matter pf attorney's fees should be threshed out in Civil Case No. 88-156.

On 11 July 2002, movant Rayos filed a Motion for Contempt, for alleged "distortion and mangling of the decision" in this case, against the Secretary of the Department of Environment and Natural Resources, his Undersecretary and his entire legal staff. The prayer to cite for contempt included the reporters from newspaper dailies, broadsheets and tabloids for allegedly making false reports on the land subject of the Decision.

On 24 July. 2002, Rayos filed a "Motion for Leave of Court to File Reply to Comment of the Register of Deeds of Caloocan City and' Earlier Leave for Filing Pending Motions" praying that: (1) his motion be given due course; (2) his standing be upheld; and (3) his reinstatement be granted.

At the outset, the prayer of Rayos for reinstatement in the Philippine Bar is misplaced. This is not an administrative case and the matter of his disbarment is in another case docketed as Administrative Case No. 2884.

The court disbarred Rayos in the Decision dated 28 January 1998 in Administrative Case No. 2884. Rayos has not been reinstated since then. As a consequence, Rayos can no longer practice law. Hence, the instant motions Rayos filed as "movant" should be expunged from the rollo of this case. Moreover, even as a "movant" Rayos has no standing for he is not the real party in this case. Rayos represented petitioners and intervenors as counsel and not as a party in this case.

WHEREFORE, the instant motions filed by Orlando Rayos are ordered EXPUNGED from the rollo of this case. In view of his disbarment, Rayos is further warned not to file, in the guise of a movant, any pleading in behalf of the petitioners and intervenors in this case. Let a copy of this Resolution be attached to the rollo of Administrative Case No.2884.

Very truly yours,

(Sgd.)LUZVIMINDA D. PUNO
Clerk of Court


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