159491589-Benguet-vs-Flores 56asd46as5dasd
159491589-Benguet-vs-Flores 56asd46as5dasd
159491589-Benguet-vs-Flores 56asd46as5dasd
When this injunction case was perfected later on. The original records of the
dismissed, Respondent Flores filed injunction suit had been transmitted to the
with another branch of the RTC two appellate court. Moreover, the Court of Appeals
identical but separate actions both issued a resolution dismissing the appeal. ]Thus,
entitled Judicial Declaration of Family in denying that he had appealed the decision of
Home Constituted, ope lege, Exempt the RTC, respondent was making a false
from Levy and Execution; with statement.
Damages, etc., docketed as Civil
Case Nos. 93-F-0414 and 93-F- Respondent argues that the withdrawal of his
0415.] The said complaints were appeal means that no appeal was made under
supplemented by an Urgent Motion Section 2 of Rule 50 of the Rules of Court.
Ex Parte which prayed for an order to Respondents explanation misses the
temporarily restrain Sheriff Wilfredo V. point. True, he withdrew his appeal. But it is
Mendez from proceeding with the likewise true that he had actually filed an appeal,
and that this was perfected. False then is his
statement that no appeal was perfected in the
injunction suit. Worse, he made the statement
before this Court in order to exculpate himself,
though in vain, from the charge of forum
shopping.
A lawyer must be a disciple of truth. Under
the Code of Professional Responsibility, he owes
candor, fairness and good faith to the courts.
[37]
He shall neither do any falsehood, nor consent
to the doing of any. He also has a duty not to
mislead or allow the courts to be misled by any
artifice.[38]
RATIO:
WHEREFORE, for trifling with judicial
processes by resorting to forum shopping,
Respondent Ernesto B. Flores is
hereby SUSPENDED from the practice of law for a
period of ONE (1) YEAR and, for violating his oath
and the Canon of Professional Responsibility to do
no falsehood, he is SUSPENDED for another
period of ONE (1) YEAR, resulting in a total period
of TWO (2) YEARS, effective upon finality of this
Decision. He is WARNED that a repetition of a
similar misconduct will be dealt with more
severely.