Pro-Duterte lawyer ordered suspended by Supreme Court

MANILA, Philippines — The Supreme Court has ordered a two-year suspension against lawyer Eligio Mallari, one of the known allies of President Rodrigo Duterte for using "dilatory tactics" in the Government Service and Insurance System's execution of writ of possession over his forfeited parcels of land.

 

In a release on Friday, the SC said that Mallari was ordered suspended for violating the Lawyer's Oath and Rules of the Code of Professional Responsibility after he "employed dilatory moves to delay the execution of judgment in favor of the Government Service and Insurance System."

 

Mallari, a member of the Volunteers against Crime and Corruption, filed complaints against several public officials deemed as "enemies" of the government, including Chief Justice Maria Lourdes Sereno and Ombudsman Conchita Carpio-Morales.

 

He also filed raps against Overall Deputy Ombudsman Melchor Carandang, who was indicted by the Office of the Executive Secretary for grave misconduct and grave dishonesty.

 

The SC voted 8-0 to impose a two-year suspension against the lawyer, from a case that stems from Mallari's unpaid loan amounting to P34,000 over two parcels of land from the GSIS in 1968.

 

In 1984, Mallari "stalled" the execution of GSIS' extrajudicial foreclosure of mortgage by requesting for a final computation of the account. The GSIS supplied Mallari with a detailed account explanation, but the lawyer still failed to settle the account.

 

Mallari then sought the San Fernando, Pampanga Regional Trial Court for an injunction, which was eventually granted.

 

The Court of Appeals, however, reversed the local court's decision, prompting Mallari to elevate the case to the SC. The SC upheld the 1996 CA decision, deeming it final and executory.

 

In 1999, the Pampanga court issued a writ of execution and writ of possession, but the court Sheriff failed to serve Mallari the writ as he requested for extension to vacate the properties.

 

Subsequently, Mallari filed a motion for reconsideration and/or quash the local court's writ of execution. He also filed a civil case, asking to hold the GSIS in contempt of court "for painting the fence of the subject properties during the pendency of his motion for reconsideration."

 

The RTC denied the lawyer's motions. Mallari again raised the matter to the CA, and then to the SC.

 

The Integrated Bar of the Philippines initially meted Mallari with a one-year suspension as it "found that the means employed by Mallari were dilatory moves to delay the execution of the judgment in GSIS' favor in violation of his Lawyer's Oath and the CPR."

 

The high court took note of the IBP's recommendation but it also adopted recent jurisprudence that increase the suspension of Mallari to two years.

 

The court noted that the lawyer, when asked to answer the administrative charges against him, did not lament the actions he has taken. He even justified them by insisting that this court has erred in its decisions on his appeals, which have long attained finality.

 

“Respondent owes good faith, fairness and candor to the court. By arguing a case that has already been rejected repeatedly, he abused his right of recourse to the courts. His acts of not conducting himself to the best of his knowledge and discretion with all good fidelity to the courts’ constitute serious transgression of his professional oath,” the court added.

 

Associate Justice Francis Jardeleza penned the decision. Concurring are Senior Associate Justice Antonio Carpio, Associate Justices Mariano del Castillo, Estela Perlas-Bernabe, Marvic M.V.F. Leonen, Alfredo Benjamin Caguioa Samuel Martires and Alexander Gesmundo.

 

Meanwhile, the following members of the high court did not take part in decision: Chief Justice Maria Lourdes Sereno, Associate Justices Presbitero Velasco Jr., Teresita Leonardo-de Castro, Diosdado Peralta, Lucas Bersamin, Noel Tijam and Andres Reyes.