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  • Millare vs. Montero

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    Emelyn Ventura Santos
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    Millare obtained a judgment ordering a company to vacate premises. The company's lawyer, Montero, filed six appeals and petitions to frustrate executing the judgment. The court held Montero guilty of malpractice for abusing the judicial process through dilatory filings and frivolous appeals solely to delay enforcing the judgment. Montero was also guilty of forum shopping based on the number of actions. Montero was suspended from practice for one year.

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    26. Millare vs. Montero

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    Millare obtained a judgment ordering a company to vacate premises. The company's lawyer, Montero, filed six appeals and petitions to frustrate executing the judgment. The court held Montero guilty of malpractice for abusing the judicial process through dilatory filings and frivolous appeals solely to delay enforcing the judgment. Montero was also guilty of forum shopping based on the number of actions. Montero was suspended from practice for one year.

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    © All Rights Reserved
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    41 views1 page

    Millare vs. Montero

    Uploaded by

    Emelyn Ventura Santos
    Millare obtained a judgment ordering a company to vacate premises. The company's lawyer, Montero, filed six appeals and petitions to frustrate executing the judgment. The court held Montero guilty of malpractice for abusing the judicial process through dilatory filings and frivolous appeals solely to delay enforcing the judgment. Montero was also guilty of forum shopping based on the number of actions. Montero was suspended from practice for one year.

    Copyright:

    © All Rights Reserved
    Download as ODT, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as odt, pdf, or txt
    of 1

    26. Millare vs.

    Montero

    246 SCRA 1 (1995)

    FACTS:

    Millare, obtained a favorable judgment which ordered Co to vacate the premises. Co, through Atty.
    Montero, filed a total of six appeals, complaints or petitions to frustrate the execution of the judgment

    ISSUE:

    WON respondent shall be held guilty of malpractice

    HELD:

    Yes. Under Canon 12 of the Code of Professional Responsibility, a lawyer is required to exert every
    effort and consider it his duty to assist in the speedy and efficient administration of justice. It is
    unethical for a lawyer to abuse or wrongfully use the judicial process, like the filing of dilatory
    motions, repetitious litigation and frivolous appeals for the sole purpose of frustrating and delaying
    the execution of a judgment.

    Judging from the number of actions filed by respondent to forestall the execution of the same
    judgment, respondent is also guilty of forum shopping. Respondent is suspended for one year.

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