Title
Cobb-Perez vs. Lantin
Case
G.R. No. L-22320
Decision Date
Jul 29, 1968
Petitioners and counsel repeatedly filed frivolous actions to delay execution of a final judgment, leading to treble costs imposed on counsel for abuse of judicial processes.

Case Summary (G.R. No. L-22320)

Factual Background

MERCEDES RUTH COBB-PEREZ AND DAMASO P. PEREZ were defendants in a money judgment which became final and executory and against which an execution issued, including a levy on certain shares of stock. After the Court of Appeals rendered a decision on November 15, 1962 that sustained Damaso Perez's position regarding the extent of the levy, a series of petitions and actions followed which sought to prevent or delay the sheriff's execution sale.

Procedural Chronology in the Lower Courts

Following the appellate determination, Mrs. Perez filed civil case 7532 in the Court of First Instance of Rizal and obtained an ex parte preliminary injunction enjoining the respondent sheriff, which Judge Eulogio Mencias later lifted on October 4, 1963 for want of jurisdiction pursuant to Acosta vs. Alvendia (L-14598, October 31, 1960). Meanwhile an urgent motion to lift the writ of execution was filed in the basic civil case 39407 on September 3, 1963 alleging the conjugal nature of the levied shares; the movant failed to present evidence and the motion was deemed submitted when counsel did not appear at the scheduled hearing. Thereafter the Perez spouses filed civil case 55292 in the Court of First Instance of Manila (Branch XXII) seeking an injunction, which Judge Alikpala denied on November 8, 1963 for lack of authority to interfere with the judgment of a court of concurrent jurisdiction.

Specific Litigational Acts Challenged

The record shows alternating and overlapping remedial devices employed by the Perez spouses and their counsel: obtaining an improvident ex parte injunction from a court lacking territorial jurisdiction; filing an urgent motion in the basic execution case that presented the same ground as the Rizal action and was submitted without evidence; instituting a second injunction action in another branch of the Court of First Instance; and pressing an urgent motion for reconsideration in the basic case that proposed substituting levied shares with alleged cash dividends and entailed unfulfilled promises to produce funds at hearing.

Petitioners' and Movants' Contentions

The movants, Attys. Crispin D. Baizas and A.N. Bolinao, while submitting to the judgment on the merits, sought partial reconsideration of this Court's May 22, 1968 decision insofar as it contained adverse observations on their professional conduct and insofar as it adjudged treble costs to be paid by their counsel. They maintained that no particular counsel acted with deliberate aforethought to delay enforcement and that assertiveness by counsel should not be condemned.

The Court's Observations on Conduct

The Court found that the protracted litigation was designed to cause delay and that the active participation of the petitioners' counsels in that design was manifest. The Court observed that after the Court of Appeals decision, the petitioners and their counsels interposed successive remedies that were predictably futile, thereby postponing the projected execution sale on six occasions and leaving the final judgment unsatisfied for more than eight years.

Analysis of Jurisdictional Errors and Remedial Misuse

The Court explained that the actions in civil cases 7532 and 55292 were not proper insofar as they sought preliminary injunctions from courts without territorial power to restrain the enforcement of a writ of execution issued by another branch. The Court relied on the settled doctrines that courts lacked power to restrain acts outside their territorial jurisdiction and could not enjoin the judgment or decree of a court of concurrent or coordinate jurisdiction, as exemplified by Acosta vs. Alvendia and related authority cited in the record.

Findings on Abandonment and Piecemeal Litigation

The Court further found that the Perez spouses repeatedly abandoned or left inoperative the independent actions they had filed to enjoin the sheriff once other devices were deployed. civil case 7532 was practically abandoned and dismissed on November 9, 1963 upon Mrs. Perez's own motion, and civil case 55292 was dismissed on March 20, 1964 with the parties' consent because of the pendency of the certiorari petition. The Court construed these circumstances as confirmatory of a strategy to delay execution rather than a bona fide prosecution of remedies.

Professional Duty of Counsel

The Court reiterated its view that a counsel's assertiveness is commendable only when exercised with candour and honesty; a lawyer must advise a client when a cause lacks merit and must resist client demands to pursue frivolous or hopeless remedies. The Court held that a law

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