Case Summary (A.C. No. 11111)
Facts of the Case
In 1968, Mallari secured two loans from the GSIS, amounting to P34,000, which were secured by mortgages on two properties held in his and his wife's names. After failing to repay the loans, GSIS initiated an extrajudicial foreclosure on March 21, 1984. Despite delays caused by Mallari's requests for account statements and subsequent actions, the GSIS eventually completed the foreclosure on July 21, 1986. Mallari pursued an injunction against the foreclosure, but his case was ultimately dismissed with the Court of Appeals upholding the GSIS's position.
Procedural History
Following an ex parte motion for execution filed by the GSIS, the Regional Trial Court (RTC) issued a writ of possession on October 21, 1999, which Mallari attempted to thwart by filing motions to quash the writ and for contempt against GSIS and the Provincial Sheriff. Mallari's motions, however, were repeatedly denied. The IBP-CBD later investigated him for perceived violations of his professional responsibilities.
Issues of Legal Disciplinary Actions
The primary issues leading to this administrative case include Mallari's alleged deliberate disregard of the Rules of Court regarding the writ of possession under Act No. 3135, his violations of the Lawyer's Oath, and the Code of Professional Responsibility (CPR). The complaint highlighted his actions as being indicative of bad faith and a strategy to stall legal processes to his benefit.
Findings of the IBP-CBD
The Integrated Bar of the Philippines' Committee on Bar Discipline found that Mallari engaged in dilatory tactics intended to impede the execution of a final judgment in favor of GSIS. The committee noted a clear violation of his responsibility to uphold the law and observed that Mallari's repeated legal maneuvers contravened the principles of candor and good faith owed to the court.
Final Ruling and Penalty
The Supreme Court affirmed the findings and recommendation of the IBP. While the initial recommendation suggested a one-year suspension, the Court opted to impose a two-year suspension from the
...continue readingCase Syllabus (A.C. No. 11111)
Overview of the Case
- The case involves an administrative action against Atty. Eligio P. Mallari concerning his conduct as a member of the bar.
- It stems from a decision by the Supreme Court in G.R. No. 157659, wherein the Integrated Bar of the Philippines (IBP) was directed to investigate Mallari for possible violations of legal ethics.
- The investigation focused on Mallari's alleged deliberate disregard of the Rules of Court and his violations of the Lawyer's Oath and the Code of Professional Responsibility (CPR).
Background and Facts
- In 1968, Mallari secured loans from the Government Service Insurance System (GSIS), amounting to P34,000, secured by mortgages on two parcels of land.
- Mallari's failure to repay led GSIS to initiate extrajudicial foreclosure proceedings in 1984.
- He attempted to stall the foreclosure by requesting a final computation of his account and delaying the publication of the foreclosure notice.
- Eventually, foreclosure proceedings commenced in 1986, leading to court actions by Mallari to contest GSIS's actions.
Court Proceedings and Outcomes
- Mallari filed a complaint for injunction against GSIS and the Provincial Sheriff, which the Regional Trial Court (RTC) initially ruled in his favor.
- However, the Court of Appeals (CA) reversed this decision in 1996, and the Supreme Court denied his subsequent p