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.PLUS BUILDERS, INC. and E. C. GARCIA, vs. ATTY. A. E. REVILLA, JR., A.C. No. 7056 September 13, 2006

FACTS:
Complainants charged Atty. Anastacio E. Revilla, Jr. with committing a willful and intentional falsehood before the court; misusing court procedure and processes to delay the execution of a judgment; and collaborating with non-lawyers in the illegal practice of law. Plus Builders Inc. filed before the Provincial Adjudicator of Cavite (PARAD) of DAR, the Provincial Adjudicator of Cavite (PARAD) rendered a consolidated Decision in favor of petitioner/complainant [Plus Builders, Inc.], and against [tenants/farmers]. Tenants/farmers filed several verified pleadings as part of the records of DARAB cases above-mentioned alleging under oath that they were 'MAGSASAKANG NAMUMUWISAN' or mere tenants of subject properties, acknowledging the rights of the registered owners at that time, even before the ownership and title were transferred to Petitioner/ Complainant Plus Builders, Inc. On Dec[ember] 17, 1999, counsel for TENANTS/FARMERS who at that time was Atty. Damian S. J. Vellaseca, filed a pro-forma Motion for Reconsideration and Manifestation x x x. As a result, PARAD did not give due course to the same. another counsel for TENANTS/FARMERS, by the name of Atty. Willy G. Roxas, who represented himself as counsel for TENANTS/FARMERS, filed a manifestation stating that he is representing TENANTS/FARMERS and alleged that they were 'bona fide' members of the [Kalayaan Development Cooperative] (KDC). Thereafter, he filed a Notice of Appeal on March 27, 2000 stating that they received the Decision on March 14, 2000 and alleged that the Decision is against the law and jurisprudence. On May 31, 2001, Respondent Anastacio Revilla Jr., knowing that there was a monetary judgment by way of Disturbance Compensation granted to Tenants/Farmers, filed a 'Motion for Leave of Court to Allow Correction of Caption and Amendment of Judgment' After realizing that his motion failed to give him beneficial monetary gain from the PARAD judgment, a Petition for Preliminary Injunction with prayer for Issuance of Temporary Restraining Order and to Quash Alias Writ of Execution with Demolition plus Damages dated July 18, 2001 was filed by Respondent before the DARAB Central Office, Quezon City, notwithstanding the fact that this instant case was appealed by another lawyer. Report and Recommendation of the IBP-CBD Investigating Commissioner Espina found respondent guilty of violating the attorney's oath and the Code of Professional Responsibility. Allegedly, respondent had "maliciously concealed the defeat of his clients in the case before the PARAD of Cavite and the higher courts," in order to secure a temporary restraining order from the RTC of Imus, Cavite. As a result, he was able to delay the execution of the provincial adjudicator's Decision dated November 15, 1999. Moreover, Commissioner Espina opined that the charge that respondent had been engaged in the unlawful practice of law was neither satisfactorily explained nor specifically denied by the latter. The failure of respondent to do so led to the presumption that the allegation was true.

HELD: Lawyers are officers of the court, called upon to assist in the administration of justice. They act as vanguards of our legal system, protecting and upholding truth and the rule of law. They are expected to act with honesty in all their dealings, especially with the courts. Verily, the Code of Professional Responsibility enjoins lawyers from committing or consenting to any falsehood in court or from allowing the courts to be misled by any artifice. Moreover, they are obliged to observe the rules of procedure and not to misuse them to defeat the ends of justice. Canon 9 and Rule 9.01 of the Code of Professional Responsibility provide thus : "Canon 9 A lawyer shall not directly or indirectly assist in the unauthorized practice of law. 'Rule 9.01 A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be performed by a member of the Bar in good standing.'"