Banogon Vs Zerna

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154 SCRA 593 – Legal Ethics – Speedy and Proper Administration of Justice

In 1926, a judgment favorable to Zerna was issued by a cadastral court. In 1957 or thirty
one years later, Banogon filed a motion to amend the 1926 decisions. An opposition was
filed by Zerna in the same year. Banogon’s counsel repeatedly failed to set for hearing and
in 1971 or fourteen years later, Zerna filed for a motion to dismiss which was granted by
reason of Banogon’s filing being out of time.
ISSUE: Whether or not Banogon’s suit should prosper.
HELD: No. He slept on his rights hence laches had set in. The Supreme Court also took
time to remind lawyers to judiciously study facts and laws so as to avoid the filing of
improper cases such as this case where the filing of motions and pleadings was way out of
time. One reason why there is a degree of public distrust for lawyers is the way some of
them misinterpret the law to the point of distortion in a cunning effort to achieve their
purposes. As officers of the court, lawyers have a responsibility to assist in the proper
administration of justice. They do not discharge this duty by filing pointless petitions that
only add to the workload of the judiciary. Lawyers do not advance the cause of law or their
clients by commencing litigations that for sheer lack of merit do not deserve the attention of
the courts.

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