Facts:
The
Complainant,
The Christian Spiritists in the Philippines, Inc., Pico Local Center, represented by its attorney-in-fact
Edwin A. Pante, sued
Atty. Daniel D. Mangallay in an ejectment action before the Municipal Trial Court (Civil Case No. R-1256), where the MTC declared the respondent to have the better right of possession, adjudged the defendants builders in good faith, and directed the respondent to exercise his option under
Article 448 of the Civil Code; the parties later compromised, the defendants undertook to vacate by August 31, 2013 for P300,000, which the respondent paid on March 20, 2013, but the defendants did not vacate.
The MTC issued a writ of execution on December 13, 2013 and a writ of demolition on December 19, 2013; sheriffs, accompanied by the respondent and police, implemented the writs on January 22–23, 2014 and demolished the structures, whereupon Pante filed a disbarment complaint alleging gross misconduct, deceit, violation of the
Lawyer's Oath, disobedience to a lawful order, and criminal taking of the dismantled materials.
Issues:
- Did the respondent’s participation in the execution and removal of the demolished structures and his appropriation of the materials constitute disbarable offenses?
- Should the complaint have been referred to the Integrated Bar of the Philippines (IBP) for formal investigation or dismissed forthwith?
Ruling:
Ratio:
Doctrine: