Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1988 > July 1988 Decisions > A.C. No. 2545 July 6, 1988 - LEANDRO AYROSO v. ARSENIO R. REYES:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[A.C. No. 2545. July 6, 1988.]

LEANDRO AYROSO, Complainant, v. ATTORNEY ARSENIO R. REYES, Respondent.


R E S O L U T I O N


GRIÑO-AQUINO, J.:


On June 3, 1983, Leandro Ayroso of Gapan, Nueva Ecija, filed a Sinumpaang Salaysay charging Attorney Arsenio Reyes of having violated his lawyer’s oath by instigating the filing of the following groundless suits against him (Ayroso):chanrob1es virtual 1aw library

1. A charge of perjury (Crim. Case No. 2703 of the Court of First Instance of Nueva Ecija, Branch II entitled, "People of the Philippines v. Leandro Ayroso") filed against him by Gaudencio Ayroso, Maximo Manalo, Ernesto Manalo and Moises Manalo, clients of Attorney Reyes, for allegedly having made a false certification or affidavit that the land which he purchased from Manuel Ayroso was not tenanted when in fact it was. On June 21, 1982, the trial court acquitted him of the charge (Annex A).chanrobles.com.ph : virtual law library

2. A charge of "Malicious Mischief" (Crim. Case No. 5528 of the Municipal Court of Gapan) filed against him by Gaudencio Ayroso, Ernesto Manalo, Maximo Manalo and Moises Manalo for having allegedly destroyed the dikes of their ricefields (Annex B). He was convicted by the Municipal Court, but on appeal to the Court of First Instance (Crim. Case No. 1347) he was acquitted on January 14, 1983 (Annex C).

3. A civil case, No. 1260, filed in the Court of First Instance at Gapan on July 24, 1979 by Gaudencio Ayroso to recover Lot H-6 which the herein complainant had purchased from Victor Ayroso (Annexes D and E).

4. A criminal charge of Falsification of Public Document filed by Gaudencio Ayroso against the complainant Leandro Ayroso (Annex F).

5. Another charge of Malicious Mischief (Crim. Case No. 152-81, Municipal Court of Gapan) filed on June 24, 1981 by Ernesto Manalo against the complainant for having allegedly caused the destruction of the ricefield dike of Ernesto Manalo (Annex G). The case was dismissed by the Municipal Court on November 17, 1981 (Annex H).

6. A third charge of Malicious Mischief (Crim. Case No. 2182, Municipal Court of Gapan) filed on January 22, 1982 against the complainant who was acquitted by the Court of First Instance.

7. A charge of Kidnapping and Illegal Detention (Crim. Case No. 2162) filed against the complainant which the court dismissed and in lieu thereof a charge of Grave Coercion was filed against complainant who was acquitted (Annex J).

8. A charge of Malicious Mischief (Crim. Case No. 220-82, Municipal Court of Gapan) filed on September 23, 1982 against the complainant by Moises Manalo for allegedly having destroyed the ricefield dike of Moises Manalo (Annex K).

9. A charge of Falsification (I.S. No. 1-83-55) filed against complainant’s brothers, Emeterio, Aurelio, and Gregorio, all surnamed Ayroso, by Gaudencio Ayroso on January 12, 1983, in the Office of the City Fiscal of Cabanatuan City (Annex L).

It may be gleaned from the respondent’s answer to the complaint that the complainant and the respondent are not strangers to each other. They grew up in the same town of Gapan, Nueva Ecija. The respondent has been the counsel of complainant’s relatives in the numerous cases between them. Not without some basis, the respondent alleges that this administrative complaint against him is complainant’s way of retaliating for the defeats which he had suffered in the following cases where the respondent was counsel for the adverse party:chanrob1es virtual 1aw library

1. Civil Case No. 999 of the Court of First Instance of Nueva Ecija, entitled "Leandro Ayroso, et. al. v. Edilberto Garcia," for partition and damages, which Leandro himself dismissed after the court ordered him to implead all the other co-owners.chanrobles law library : red

2. The libel charge filed by complainant against his uncle Gaudencio Ayroso on June 7, 1978, which was dismissed by the fiscal on May 24, 1979.

3. The complaint filed by Ernesto Manalo against Leandro Ayroso before the MAR, Region III, Nueva Ecija, where Leandro was ordered to recognize Manalo as tiller of the land and to respect his possession thereof.

4. The charge of arson filed by complainant against Gaudencio Ayroso, Moises Manalo, Maximo Manalo, Ernesto Manalo, Feliciano Alfaro, Antonio Alfaro, and Rogelio Ayroso (Crim. Case No. CCC-IV-55 [81] Nueva Ecija) where the accused were acquitted (Annex 14).

5. The robbery case (Crim. Case No. 183-80) filed by complainant on July 3, 1980, against Gaudencio Ayroso, Ernesto Manalo, Maximo Manalo, Moises Manalo, Feliciano Alfaro, and Antonio Alfaro, which was dismissed by the Municipal Court of Gapan (Annex 16).

The Court referred the complaint to the Solicitor General for investigation, report, and recommendation.

On May 17, 1988, the Solicitor General submitted his report and recommendation.

After a careful examination of the records, We agree with the finding of the Solicitor General that "there is no evidence directly substantiating complainant’s accusation that respondent instigated or induced the filing of the criminal cases and civil cases mentioned" in the complaint. The complainant’s allegation that Attorney Reyes "instigated" the filing of the cases against him is merely his inference arising from the fact that Attorney Reyes was the counsel of the adverse parties in those cases. In his own words: "My complaint is that Atty. Reyes is the counsel of the complainant in all the cases filed against me." (pp. 141-152, t.s.n., June 27, 1984.)

As observed by the Solicitor General in his report, "The respondent’s appearance as adverse counsel in all these cases . . . does not mean that he instigated or induced their filing." We may add that neither did the dismissal of some of the cases mean that they were completely groundless and frivolous because they could have been dismissed for some other reason.

WHEREFORE, the complaint against respondent Attorney Arsenio R. Reyes is dismissed for lack of merit.chanrobles.com:cralaw:red

SO ORDERED.

Narvasa, Cruz, Gancayco and Medialdea, JJ., concur.




Back to Home | Back to Main


chanrobles.com



ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com





July-1988 Jurisprudence                 

  • A.C. No. 2545 July 6, 1988 - LEANDRO AYROSO v. ARSENIO R. REYES

  • G.R. No. L-74869 July 6, 1988 - PEOPLE OF THE PHIL. v. IDEL A. AMINNUDIN

  • G.R. No. L-53674-75 July 11, 1988 - PEOPLE v. COURT OF FIRST INSTANCE OF BULACAN, ET AL.

  • G.R. No. L-75777 July 13, 1988 - PEOPLE OF THE PHIL. v. MELVIN RUBILLOS, ET AL.

  • G.R. No. L-29723 July 14, 1988 - ANTONIO ZARAGOZA v. MARIA ANGELA FIDELINO, ET AL.

  • G.R. No. L-38052 July 14, 1988 - PEOPLE OF THE PHIL. v. ANTONIO M. CO

  • G.R. No. L-76294 July 14, 1988 - MARLENE MADRIAGA v. COURT OF APPEALS, ET AL.

  • G.R. No. L-32917 July 18, 1988 - JULIAN S. YAP v. HON. SANTIAGO O. TAÑADA

  • G.R. No. L-80526 July 18, 1988 - J. GONZALES-ORENSE v. COURT OF APPEALS, ET AL.

  • G.R. No. L-37859 July 26, 1988 - CENTRAL BANK OF THE PHIL., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-40867 July 26, 1988 - LITTON MILLS, INC., v. GALLEON TRADER, INC. ET AL.

  • G.R. No. L-45354 July 26, 1988 - PEOPLE OF THE PHIL. v. ALBERT NEWMAN

  • G.R. No. L-45376-77 July 26, 1988 - PEOPLE OF THE PHIL. v. RODOLFO B. ALBANO, ET AL.

  • G.R. No. L-69667 July 29, 1988 - PEOPLE OF THE PHIL. v. ERNESTO JOCSON, ET AL.

  • G.R. No. L-71837 July 26, 1988 - CHUNG KA BIO, ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. L-74653 July 26, 1988 - PEOPLE OF THE PHILIPPINES v. FEDERICO MENDOZA

  • G.R. No. L-77964 July 26, 1988 - PEOPLE OF THE PHIL. v. EDGARDO SALVADOR

  • G.R. No. L-81354 July 26, 1988 - HUGO RAMOS v. COURT OF APPEALS, ET AL.

  • G.R. No. L-36543 July 27, 1988 - ALFONSO VALLARTA v. COURT OF APPEALS, ET AL.

  • G.R. No. L-39514 July 27, 1988 - ASUNCION BROS. & CO., INC., ET AL. v. COURT OF INDUSTRIAL RELATIONS, ET AL.

  • G.R. No. L-47911 July 27, 1988 - PEOPLE OF THE PHIL. v. RICARDO SATO, ET AL.

  • G.R. No. L-33892 July 28, 1988 - FLORENCIO F. MANGUBAT v. CRISPINO M. DE CASTRO, ET AL.

  • G.R. No. L-45589 July 28, 1988 - PEOPLE OF THE PHIL. v. PEDRO VERANO, JR., ET AL.

  • G.R. No. L-55483 July 28, 1988 - PEOPLE OF THE PHIL. v. MAURICIO NOLASCO

  • G.R. No. L-77660 July 28, 1988 - ELADIO DILLENA v. COURT OF APPEALS, ET AL.

  • A.C. No. 1892 July 29, 1988 - ATTY. LUIS V. ARTIAGA v. ATTY. ENRIQUE C. VILLANUEVA

  • G.R. No. L-30232 July 29, 1988 - LUZON STEVEDORING CORP. v. COURT OF TAX APPEALS

  • G.R. No. L-32141 July 29, 1988 - PAULA VDA. DE DENOSO v. COURT OF APPEALS

  • G.R. No. L-32909 July 29, 1988 - CANADIAN PACIFIC AIR LINES, LTD. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-33357 July 29, 1988 - PEOPLE OF THE PHIL. v. GUILLERMO EGARAS, ET AL.

  • G.R. No. L-33722 July 29, 1988 - FEDERICO YLARDE, ET AL. v. EDGARDO AQUINO, ET AL.

  • G.R. Nos. L-46715-16 July 29, 1988 - LEONCIA T. ZAIDE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-47051 July 29, 1988 - BLUE BAR COCONUT PHIL., ET AL. v. FRANCISCO S. TANTUICO, JR., ET AL.

  • G.R. No. L-61152 July 29, 1988 - PEOPLE OF THE PHIL. v. RICARDO MUÑOZ

  • G.R. No. L-70831 July 29, 1988 - PEOPLE OF THE PHIL. v. REYNALDO ALVAREZ

  • G.R. No. L-71033 July 29, 1988 - HEIRS OF REMIGIO TAN, ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. L-71273 July 29, 1988 - PEOPLE OF THE PHIL. v. APOLONIO HIZON, ET AL.

  • G.R. No. L-72998 July 29, 1988 - PEOPLE OF THE PHIL. v. ANGEL ACAYA

  • G.R. No. L-74322 July 29, 1988 - PHIL. VETERANS AFFAIRS OFFICE v. ASTERIO Q. TAMAYO

  • G.R. No. L-74737 July 29, 1988 - PEOPLE OF THE PHIL. v. JACOBO ALCANTARA

  • G.R. No. L-75851 July 29, 1988 - FILIPINO PIPE WORKERS UNION v. DEMETRIO M. BATARIO, JR., ET AL.

  • G.R. No. L-82446 July 29, 1988 - STATE INVESTMENT HOUSE, INC. v. COURT OF APPEALS, ET AL.