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    Rodolfo Millare Vs Montero

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    Earnswell Pacina Tan
    Rodolfo Millare obtained a judgment against respondent's client ordering them to vacate premises in an ejectment case. Respondent appealed the decision but the Court of Appeals dismissed the appeal for failing to follow proper procedures. Respondent then used devious means to delay execution of the judgment against his client. The court found respondent violated professional responsibility rules by unduly delaying the case and misusing court processes. Respondent was suspended for one year for abusing the judicial process through dilatory motions and repetitious litigation solely to delay execution of the judgment against his client.

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    Rodolfo Millare Vs Montero

    Uploaded by

    Earnswell Pacina Tan
    2K views1 page
    Rodolfo Millare obtained a judgment against respondent's client ordering them to vacate premises in an ejectment case. Respondent appealed the decision but the Court of Appeals dismissed the appeal for failing to follow proper procedures. Respondent then used devious means to delay execution of the judgment against his client. The court found respondent violated professional responsibility rules by unduly delaying the case and misusing court processes. Respondent was suspended for one year for abusing the judicial process through dilatory motions and repetitious litigation solely to delay execution of the judgment against his client.

    Original Description:

    24. Rodolfo Millare vs Montero

    Original Title

    24. Rodolfo Millare vs Montero

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    Rodolfo Millare obtained a judgment against respondent's client ordering them to vacate premises in an ejectment case. Respondent appealed the decision but the Court of Appeals dismissed the appeal for failing to follow proper procedures. Respondent then used devious means to delay execution of the judgment against his client. The court found respondent violated professional responsibility rules by unduly delaying the case and misusing court processes. Respondent was suspended for one year for abusing the judicial process through dilatory motions and repetitious litigation solely to delay execution of the judgment against his client.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views1 page

    Rodolfo Millare Vs Montero

    Uploaded by

    Earnswell Pacina Tan
    Rodolfo Millare obtained a judgment against respondent's client ordering them to vacate premises in an ejectment case. Respondent appealed the decision but the Court of Appeals dismissed the appeal for failing to follow proper procedures. Respondent then used devious means to delay execution of the judgment against his client. The court found respondent violated professional responsibility rules by unduly delaying the case and misusing court processes. Respondent was suspended for one year for abusing the judicial process through dilatory motions and repetitious litigation solely to delay execution of the judgment against his client.

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    © All Rights Reserved
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    of 1

    RODOLFO MILLARE vs. ATTY. EUSTAQUIO Z.

    MONTERO
    FACTS:
    Complainant obtained a favorable judgment from the MTC which ordered respondents
    client to vacate the premises subject of the ejectment case. Respondent as counsel, appealed
    the decision. CA dismissed Co's appeal from the decision of the RTC for failure to comply with the
    proper procedures. Respondent thereafter resorted to devious and underhanded means to delay
    the execution of the judgment rendered by the MTC adverse to his client.
    ISSUE:
    Whether or not respondent violated the Code of Professional Responsibility?
    RULING:
    Atty. Eustaquio Montero is suspended for (1) year.
    Rule 12.02. A lawyer shall not file multiple actions arising from the same cause.
    Rule 12.04. A lawyer shall not unduly delay a case, impede the execution of a judgment
    or misuse court processes.
    Under Canon 19 of the Code of Professional Responsibility, a lawyer is required to
    represent his client "within the bounds of the law." The Code enjoins a lawyer to employ only fair
    and honest means to attain the lawful objectives of his client (Rule 19.01) and warns him not to
    allow his client to dictate the procedure in handling the case (Rule 19.03). In short, a lawyer is
    not a gun for hire.
    It is unethical for a lawyer to abuse or wrongfully use the judicial process, like the filing of
    dilatory motions, repetitious litigation and frivolous appeals for the sole purpose of frustrating
    and delaying the execution of a judgment.
    Judging from the number of actions filed by respondent to forestall the execution of the
    same judgment, respondent is also guilty of forum shopping. Forum shopping exists when, by
    reason of an adverse decision in one forum, defendant ventures to another for a more favorable
    resolution of his case.

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