Beruflich Dokumente
Kultur Dokumente
Admin. Matter
COMPLAINT
COMPLAINANT respectfully files this administrative
complaint against respondents and states that:
PREFATORY STATEMENT
Complainant comes before the Honorable Supreme
Court to file this complaint seeking perpetual disbarment
against three private lawyers who connived with judges and
public prosecutors in maliciously filing various harassment
cases against herein complainant and in delaying the
execution of a valid, final, and executory order previously
issued in complainants favor.
PARTIES
Description
Attached As
Annex A
Annex B
Annex C
COMMENT/OPPOSITION TO MOTION TO
QUASH INFORMATION in Crim. Case
No. 13-1688, dated 16 August 2013
(7 pages)
Annex D
Annex E
Annex F
Annex G
Annex H
Annex I
Annex J
and series
Annex K
Annex L
Annex M
BACKGROUND FACTS
1. In June 2005, Marsman Drysdale Agribusiness Holdings,
Inc. and Marsman Drysdale Organic Farms, Inc. filed a
complaint for recovery of sum of money (P14.86
million) against Union Insurance Society of Canton, Ltd.
(now Paramount Life & General Insurance Corp.) on the
ground of breach of contract. Herein complainant was
then Marsmans legal counsel in that case.
2. After trial, the court (RTC Branch 139, Makati City)
rendered a decision in favor of Marsman and against
Union Insurance. In compliance of said Decision, and
part
of
Atty. Camacho, as such, the Court is not inclined to give
credence on such allegation.
12.
Marsman received the July 6, 2012 Order on July
18, 2012 and did not file any other motion or
manifestation in reference thereto. Thus, said Order
became final and executory.
13.
Despite the courts authoritative ruling on the
matter which has become final, respondent Atty. Sison
continued to insist that Marsman had already paid
complainant P1.288 million, and accused him of using
the money to bribe the trial judge in that case (Judge
Benjamin Pozon, RTC Branch 139, Makati), and for
paying spurious docket fees. Thus, on July 11, 2012,
complainant filed a libel case against respondent Atty.
Sison and other officers and members of the board of
Marsman.
14.
In a ploy to have complainant withdraw the libel
case, Marsman, through its in-house legal counsel,
herein respondent Atty. Dimaano, offered complainant a
compromise wherein they would pay complainant P1.5
million. They paired the monetary offer with the
assurance that complainant would continue to act as
counsel for respondent corporations. This, in exchange
for complainants withdrawal of the libel complaint
against them. Complainant agreed to withdraw the libel
complaint, except as to respondent Atty. Sison.
Complainant then signed a quitclaim to that effect, but
still retaining Atty. Sison as respondent in the libel case.
15.
Thus, Marsman and complainant filed an Urgent
Joint Motion with the trial court for the issuance of an
order approving their compromise agreement. Said
motion was thereafter granted by the court, and
complainant duly withdrew the libel case that he had
filed against Marsmans executives and board
members, except as to respondent Atty. Sison.
16.
Shortly thereafter, on September 10, 2012, Atty.
Sison, with the full approval and authority of the other
officers and board members of Marsman, filed an estafa
case against complainant, insisting that they had
already previously paid over to the latter the total sum
of P1.288 million, which was allegedly used as bribe
money for Judge Pozon in Civil Case No. 05-655 and for
spurious docket fees. The Information in the estafa case
Criminal Case No. 13-1688), which was prepared and
filed by herein respondent public prosecutor Hannibal
Santillan, is attached as Annex B.
17.
The allegations of estafa however are utterly
baseless, as complainant had already shown evidence
proving that the P1.228 million disbursed by Marsman
was not received by the complainant but by Marsmans
own in-house legal counsel, herein respondent Atty.
Dimaano. This evidence was accepted by the court in
Civil Case No. 05-655 and was in fact the basis for its
July 6, 2013 Order.
18.
In the documentary evidence submitted by
respondent Atty. Sison himself before the prosecutors
office during the filing of the estafa case against herein
complainant, the subject checks were clearly payable to
respondent Atty. Enrique Dimaano (copies of the checks
are hereto attached as Annexes J and series). Yet Atty.
Dimaano, in utter bad faith, executed an affidavit in the
estafa case pinning the blame on herein complainant.
19.
To understand Atty. Sisons vindictive actuations
toward complainant, it is necessary to explain that
sometime in late 2012, complainant filed a plunder
complaint before the Office of the Ombudsman against
herein respondent Atty. Antero M. Sison, Jr. along with
some government officials. That case involved the
improper payment of U.S. $4.8 million by the Philippine
government to a foreign claimant (Fidelity Partners)
through the machinations of respondent Atty. Sison who
had connections with high officials of the government of
then president Gloria Macapagal-Arroyo and her
husband Atty. Mike Arroyo. Respondent Atty. Sison
pocketed more than $3 million of that amount and paid
10
Lopez vs, Reyes, G.R. No. L-29498, 31 march 1977, 76 SCRA 179.
11
DISCUSSION
As complainant has repeatedly stressed in his pleadings
and various motions filed before the courts concerned, res
judicata is a doctrine that encompasses all cases where
there is identity of the parties and the facts.
Res judicata is defined as "a matter adjudged; a thing
judicially acted upon or decided; a thing or matter settled by
judgment. It also refers to the rule that a final judgment or
decree on the merits by a court of competent
jurisdiction is conclusive of the rights of the parties
or their privies in all later suits on points and matters
determined in the former suit."2 (Emphasis supplied)
According to case law, this doctrine is a rule which
pervades every well-regulated system of jurisprudence and
is founded upon the following precepts of common law,
namely: (1) public policy and necessity, which makes it to
the interest of the State that there should be an end to
litigation, and (2) the hardship on the individual that he
should be vexed twice for the same cause. A contrary
doctrine would subject the public peace and quiet to the will
and neglect of individuals and prefer the gratification of the
litigious disposition on the part of suitors to the preservation
of the public tranquility and happiness. 3
In this jurisdiction, the concept of res judicata is
embodied in Section 47 (b) and (c) of Rule 39 of the Rules of
Court, thus:
SEC. 47. Effect of judgments or final orders. The
effect of a judgment or final order rendered by a
court of the Philippines, having jurisdiction to
pronounce the judgment or final order, may be as
follows:
2
Gutierrez v. CA, G.R. No. 82475, January 28, 1991, 193 SCRA 437.
Cruz v. CA, G.R. No. 164797, February 13, 2006, 482 SCRA 379, quoting Heirs of the Late Faustina
Adalid v. Court of Appeals, G.R. No. 122202, May 26, 2005, 459 SCRA 27.
12
NHA v. Baello, G.R. No. 143230, August 30, 2004, 437 SCRA 86.
13
Spouses Rasdas v. Estenor, G.R. No. 157605, December 13, 2005, 477 SCRA 538.
14
15
Article 206. Unjust Interlocutory Order. - Any judge who shall knowingly
render an unjust interlocutory order or decree shall suffer the penalty of
arresto mayor in its minimum period and suspension; but if he shall have
acted by reason of inexcusable negligence or ignorance and the
interlocutory order or decree be manifestly unjust, the penalty shall be
suspension. (Article 206, Revised Penal Code, Article 206)
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PRAYER
WHEREFORE, premise considered, complainant
most respectfully prays of the Honorable Supreme Court
that after due proceedings, judgment be rendered finding
respondents guilty of the charges and ordered
PERPETUALLY DISBARRED.
COMPLAINANT further prays for such other just reliefs.
Makati City for Manila, 9 December 2013.
MANUEL N. CAMACHO
Complainant
Suite 1605 Corporate 88 Centre
Valero corner Sedeno Streets
Salcedo Village, Makati City
S.S.
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MANUEL N. CAMACHO
Affiant
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