Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1988 > October 1988 Decisions > A.M. No. 3005 October 5, 1988 - EMILIA P. FORNILDA-OLILI v. SERGIO I. AMONOY, ET AL.:




PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[A.M. No. 3005. October 5, 1988.]

EMILIA P. FORNILDA-OLILI, Complainant, v. ATTYS. SERGIO I. AMONOY, JOSE S. BALAJADIA, JOSE F. TIBURCIO, Respondents.


SYLLABUS


1. LEGAL ETHICS; ATTORNEYS; COMPLAINT FOR DISBARMENT; DISMISSAL WARRANTED. — Not one of the three respondents may be accused of "faking" the said Decision. Respondents can neither be taken to task for allegedly not exhibiting to complainant and her co-parties, the originals of the Project of Partition and the Deed of Mortgage. Even assuming it to be as contented, it by no means follows that they were fictitious specially taking account of the fact that they were duly submitted and considered in the Foreclosure Case, in the Annulment Case and in the Appealed Case in the Court of Appeals, in all of which, their authenticity and validity had been upheld.


D E C I S I O N


MELENCIO-HERRERA, J.:


Complainant, Emilia F. Fornilda-Olili, in her "Suplong Administratibo (sa) Masamang Gawain" seeks the disbarment of the three respondents, Attys. Sergio I. Amonoy, Jose S. Balajadia, and Jose F. Tiburcio on the Found that they had conspired among themselves in making it appear that one Judge Bonifacio Aquino, who was never appointed as such, rendered the Decision in Civil Case No. 12726 of the Court of First Instance of Pasig, Branch VIII, ordering the foreclosure of six (6) parcels of land inherited by complainant and her co-heirs.chanrobles virtualawlibrary chanrobles.com:chanrobles.com.ph

Complainant claims that the aforesaid Decision is null and void because, as proved by the Certification of the Clerk of Court of the Regional Trial Court, Branch 164, Pasig, there has never been a Judge Bonifacio Aquino in the former Court of First Instance, Branch VIII. What the records show is that said position was held by Judge Benjamin Aquino, who is now retired.

Complainant additionally prays that respondents be ordered to pay damages to the Fornilda family and that the lands, litigated in several cases as recited herein below, be ordered returned to said family.

This Complaint is actually an off shot of G.R. No. 72306 of this Court entitled "David P. Fornilda, Et. Al. v. Branch 164, Regional Trial Court, Pasig, etc. and Atty. Sergio I. Amonoy" wherein the complainant was also one of the petitioners.

A condensed reiteration of the factual background will be helpful.

The deceased, Julio M. Catolos, formerly owned six (6) parcels of land located in Tanay, Rizal. His estate was being settled in Special Proceedings No. 3103 of the then Court of First Instance of Rizal. Francisca Catolos, Agnes Catolos, Alfonso I. Fornilda and Asuncion M. Pasamba were some of the legal heirs represented in that case by respondent, then Atty. Sergio I. Amonoy, now Judge of the Regional Trial Court of Pasay.

On 12 January 1965, the Intestate Court approved the Project of Partition adjudicating the six (6) parcels to Alfonso I. Fornilda and Asuncion M. Pasamba.

On 20 January 1965, Alfonso I. Fornilda and Asunsion M. Pasamba, executed a deed of mortgage in favor of Respondent Amonoy wherein they mortgaged the six (6) parcels to the latter as security for the payment of his attorney’s fees for services rendered in the aforementioned intestate proceedings, in the amount of P27,600.00.

Asuncion M. Pasamba died on 24 February 1969 while Alfonso I. Fornilda passed away on 2 July 1969. Complainant is one of the heirs of Alfonso I. Fornilda.

On 6 August 1969, the intestate proceedings were declared closed and terminated.

For non-payment of the mortgage indebtedness, Respondent Amonoy, on 21 January 1970, instituted foreclosure proceedings before the Court of First Instance of Rizal, at Pasig, Branch VIII, entitled "Sergio I. Amonoy v. Heirs of Asuncion M. Pasamba and Heirs of Alfonso I. Fornilda", docketed as Civil Case No. 12726 (the Foreclosure Case). Appearing as signatory counsel for Respondent Amonoy was then Atty. Jose S. Balajadia now an Associate Justice of the Sandiganbayan (Respondent Balajadia).

On 28 September 1972, the Trial Court (Branch VIII) rendered judgment in the Foreclosure Case in favor of Respondent Amonoy. The Decision was penned by Judge Benjamin H. Aquino.

On 6 February 1973, the mortgaged parcels were foreclosed and on 23 March 1973, an auction sale was held with Respondent Amonoy as the sole bidder for P23,760.00. Said sale was confirmed by the Trial Court on 2 May 1973, with Judge Reynaldo P. Honrado, presiding.

On 19 December 1973, an action for the Annulment of the judgment in the Foreclosure Case, entitled "Maria Peñano, Et Al., v. Sergio Amonoy, Et Al.," was filed before the then Court of First Instance of Rizal, at Pasig, docketed as Civil Case No. 18731 (the Annulment Case). Complainant was one of the plaintiffs therein. Appearing for them as counsel was Atty. Jose F. Tiburcio, the third respondent in this administrative complaint. Respondent Amonoy, in turn, was defended by Respondent Balajadia. On 7 November 1977, then Presiding Judge Serafin E. Camilon rendered judgment dismissing the Annulment Case.chanrobles.com : virtual law library

On 22 July 1981, the Court of Appeals affirmed the aforesaid judgment in CA-G.R. No. 63214-R (the Appealed Case). 1

Complainant anchors her complaint on the circumstance that attached to the Complaint in the Annulment Case (Civil Case No. 18731) was a plain typewritten copy of the Decision in the Foreclosure Case (Civil Case No. 12726) wherein Judge Bonifacio Aquino appears as the "ponente." The same typewritten copy, with the same "ponente," was reproduced verbatim on pages 54 to 66 of the printed Record on Appeal in the Annulment Case (Civil Case No. 18731).

It is obvious, however, that the foregoing was a mere clerical error based on the following considerations:chanrob1es virtual 1aw library

1) A comparison of said typewritten copy with the certified true xerox copy of the same Decision issued by the Acting Branch Clerk of Court of Branch 164, RTC-Pasig, formerly Branch XXV, CFI-Pasig, conclusively establishes that the "ponente" of the Decision was Judge Benjamin H. Aquino, then the Presiding Judge of Branch VIII (Annex "II", Respondent Balajadia’s Comment).

2) Paragraphs 13 and 14 of the Complaint in the Annulment Case filed by complainant and her co-heirs, to which a plain typewritten copy of the Decision in Civil Case No. 12726 was attached as Annex "G", and which was filed precisely for the purpose of annulling said Decision, admits that Branch VIII to which Civil Case No. 12726 was raffled, was presided, and the Decision therein rendered, by Judge Benjamin H. Aquino.

3) Annex "J" of the Complaint in the Annulment Case (Civil Case No. 18731), which is a copy of the "Execution Foreclosing Mortgage" issued in the Foreclosure Case (Civil Case No. 12726), quoting word-for-word the dispositive portion of the Decision in the later case including the name of the "ponente", shows that said Decision was penned by Judge Benjamin H. Aquino.

The foregoing premises considered, not one of the three respondents may be accused of "faking" the said Decision, nor can it be justifiably contended that the proceedings in the Foreclosure Case were fictitious.

Respondents can neither be taken to task for allegedly not exhibiting to complainant and her co-parties, the originals of the Project of Partition and the Deed of Mortgage. Even assuming it to be as contented, it by no means follows that they were fictitious specially taking account of the fact that they were duly submitted and considered in the Foreclosure Case, in the Annulment Case and in the Appealed Case in the Court of Appeals, in all of which, their authenticity and validity had been upheld.chanrobles.com : virtual law library

All told, we see no basis for imposing any disciplinary sanction against the three respondents herein.

WHEREFORE, the instant complaint for disbarment is hereby dismissed for lack of merit.

SO ORDERED.

Paras, Sarmiento and Regalado, JJ., concur.

Padilla, J., took no part.

Endnotes:



1. Decision penned by Justice Guillermo P. Villasor and concurred in by Justices Mama D. Busran, Chairman, and Jose A. R. Melo.




Back to Home | Back to Main


chanrobles.com



ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com





October-1988 Jurisprudence                 

  • G.R. No. L-25350 October 4, 1988 - WILLIAM A. CHITTICK v. COURT OF APPEALS, ET AL.

  • G.R. No. L-38039 October 4, 1988 - GENEROSA CAWIT, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-67785 October 4, 1988 - PEOPLE OF THE PHIL. v. FEDERICO CAPINPIN, JR., ET AL.

  • A.M. No. 3005 October 5, 1988 - EMILIA P. FORNILDA-OLILI v. SERGIO I. AMONOY, ET AL.

  • A.M. No. 88-7-1861-RTC October 5, 1988 - IN RE: RODOLFO U. MANZANO

  • G.R. No. L-36549 October 5, 1988 - FAR EAST REALTY INVESTMENT, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-40324 October 5, 1988 - JOSE O. SIA v. COURT OF APPEALS, ET AL.

  • G.R. No. L-51625 October 5, 1988 - FRANCISCO DUMLAO v. COURT OF APPEALS, ET AL.

  • G.R. No. L-70458 October 5, 1988 - BENJAMIN SALVOSA, ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. L-72306 October 5, 1988 - DAVID P. FORNILDA, ET AL. v. REGIONAL TRIAL COURT IVTH JUDICIAL REGION, PASIG, ET AL.

  • G.R. No. L-75927 October 5, 1988 - LAND AND HOUSING DEVELOPMENT CORP., ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 79690-707 October 7, 1988 - ENRIQUE A. ZALDIVAR v. HON. SANDIGANBAYAN, ET AL.

  • G.R. No. L-32215 October 17, 1988 - PEOPLE OF THE PHIL. v. SANTIAGO O. TAÑADA

  • G.R. No. L-68117 October 17, 1988 - HEIRS OF FELINO T. SANTIAGO v. MANUEL M. LAZARO, ET AL.

  • G.R. No. L-39299 October 18, 1988 - ISAAC PANGAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-41380 October 18, 1988 - ORLANDO LAGAZON v. VISIA P. REYES

  • G.R. No. L-44696 October 18, 1988 - JULIAN ESPIRITU v. COURT OF FIRST INSTANCE OF CAVITE, ET AL.

  • G.R. No. L-46843 October 18, 1988 - VIRGILIA CABRESOS, ET AL. v. MEYNARDO A. TIRO, ET AL.

  • G.R. No. L-50872 October 18, 1988 - PEOPLE OF THE PHIL. v. ROBERTO PARAGOSO

  • G.R. No. L-53552 October 18, 1988 - PHILIPPINE LONG DISTANCE TELEPHONE COMPANY v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. L-55377 October 18, 1988 - BENJAMIN DEL ROSARIO, ET AL. v. CECILIO F. BALAGOT, ET AL.

  • G.R. No. L-61961 October 18, 1988 - PEOPLE OF THE PHIL. v. NICOLAS MARCIALES, ET AL.

  • G.R. No. L-69679 October 18, 1988 - VIOLETA CABATBAT LIM, ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. L-69723 October 18, 1988 - APEX INVESTMENT AND FINANCING CORP., ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. L-70836 October 18, 1988 - PEOPLE OF THE PHIL. v. TIMOTEO M. TOLENTINO

  • G.R. No. L-74675 October 18, 1988 - PEOPLE OF THE PHIL. v. JUAN REYES

  • G.R. No. 75198 October 18, 1988 - SCHMID & OBERLY, INC. v. RJL MARTINEZ FISHING CORP.

  • G.R. No. 75311 October 18, 1988 - ROSITA ZAFRA BANTILLO v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. L-75336 October 18, 1988 - ANTONIO BORNALES, ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. L-76633 October 18, 1988 - EASTERN SHIPPING LINES, INC. v. PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION, ET AL.

  • G.R. No. L-77242 October 18, 1988 - ROMEO ZOLETA v. FRANKLIN DRILON, ET AL.

  • G.R. No. L-77278 October 18, 1988 - IN RE: FELLY LEE FONG SHENG v. REPUBLIC OF THE PHIL.

  • G.R. No. L-78133 October 18, 1988 - MARIANO P. PASCUAL, ET AL. v. COMMISSIONER OF INTERNAL REVENUE, ET AL.

  • G.R. No. L-79237 October 18, 1988 - UNIVERSITY OF SAN CARLOS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-80231 October 18, 1988 - CELSO A. FERNANDEZ v. COURT OF APPEALS, ET AL.

  • G.R. No. L-82811 October 18, 1988 - CONSOLIDATED PLYWOOD INDUSTRIES, INC. v. AUGUSTO B. BREVA, ET AL.

  • G.R. No. L-57937 October 21, 1988 - WILFREDO R. ANTONIO v. SANDIGANBAYAN

  • G.R. No. L-64673 October 21, 1988 - A. CONSTEEL CONSTRUCTION COMPANY, INC. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. L-78391 October 21, 1988 - REPUBLIC OF THE PHIL. v. RAMON G. ENRIQUEZ

  • G.R. No. L-83996 October 21, 1988 - CITY FISCAL OF TACLOBAN v. PEDRO S. ESPINA, ET AL.

  • G.R. Nos. L-71404-09 October 26, 1988 - HERMILO RODIS, SR. v. SANDIGANBAYAN, ET AL.

  • G.R. No. L-73199 October 26, 1988 - RENATO SARA, ET AL. v. CERILA AGARRADO, ET AL.

  • G.R. No. L-76737 October 27, 1988 - PANFILO OLIVA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-81470 October 27, 1988 - PEOPLE OF THE PHIL. v. VIRGILIO TUNHAWAN

  • G.R. No. L-83767 October 27, 1988 - FIRDAUSI SMAIL ABBAS, ET AL. v. SENATE ELECTORAL TRIBUNAL

  • G.R. No. L-84592 October 27, 1988 - ESTHER E. CUERDO v. COMMISSION ON AUDIT

  • G.R. No. L-39008 October 28, 1988 - PEDRO BAUTISTA, ET AL. v. MUNICIPALITY OF SAN JACINTO, ET AL.

  • G.R. No. L-49535 October 28, 1988 - ROMANA M. CRUZ v. FRANCISCO TANTUICO, ET AL.

  • G.R. No. L-51745 October 28, 1988 - RAMON F. SAYSON v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. L-55188 October 28, 1988 - JESUS LONTOC v. MINISTRY OF LABOR, ET AL.

  • G.R. No. L-60674 October 28, 1988 - PEOPLE OF THE PHIL. v. PUTITO CAFE

  • G.R. No. L-62341 October 28, 1988 - JORGE WEE SIT, ET AL. v. OMAR U. AMIN, ET AL.

  • G.R. No. L-69875 October 28, 1988 - BATANGAS LAGUNA TAYABAS BUS COMPANY v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. L-71177 October 28, 1988 - ERECTORS, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. L-72281 October 28, 1988 - MACARIO LAGMAN, ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. L-72622 October 28, 1988 - VICTOR TORNO, ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. L-75955 October 28, 1988 - MARIA LINDA FUENTES v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. L-76991 October 28, 1988 - HERMENEGILDO L. SANTOS v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. L-77206 October 28, 1988 - PEOPLE OF THE PHIL. v. RAMON M. SOLOMON, ET AL.

  • G.R. No. L-79043 October 28, 1988 - DOMINGO T. ARCEGA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. L-79369-70 October 28, 1988 - PEOPLE OF THE PHIL. v. ALEXANDER A. QUIDILLA

  • G.R. No. L-79958 October 28, 1988 - EMILIANA BAUTISTA, ET AL. v. CAROLINA C. GRIÑO-AQUINO, ET AL.