G.R. No. A.C. No. 2841; July 3, 2002
RE: ADMINISTRATIVE CASE NO. 44 OF THE REGIONAL TRIAL COURT, BRANCH IV, TAGBILARAN CITY, AGAINST ATTY. SAMUEL C. OCCEÑA.

FACTS

This administrative case stemmed from the protracted settlement of the estate of testator William C. Ogan (Special Proceedings No. 423) in the Regional Trial Court (RTC), Branch 4, Tagbilaran City. The executrix, Necitas Ogan-Occeña, retained her husband, Atty. Samuel C. Occeña, as her lawyer. The estate, consisting of cash, securities, and real estate with no debts, should have been settled simply and speedily after the testator’s death in 1963. However, the proceedings were delayed for years largely due to the dilatory tactics of Atty. Occeña. The main causes of delay were Atty. Occeña’s claim for a P250,000 attorney’s fee from the estate’s cash and the executrix’s refusal, through Atty. Occeña, to account for and distribute shares of stock belonging to the estate, claiming they were not in her possession. Atty. Occeña, on behalf of the executrix, repeatedly opposed motions by other heirs for distribution, interposed numerous appeals from interlocutory orders of the probate court, and filed multiple cases before the Court of Appeals and the Supreme Court against the orders. The probate court, under Judge Fernando S. Ruiz, issued several orders directing the executrix to inventory and account for the securities, which she and Atty. Occeña disobeyed. They were cited and fined for contempt for disobeying a court order to release $1,000 to an heir for estate-related purposes. Atty. Occeña also filed an administrative case and a civil case for damages against Judge Ruiz, both of which were dismissed for lack of merit, and filed a complaint with the Tanodbayan against the judge, which was also dismissed.

ISSUE

Whether Atty. Samuel C. Occeña should be disciplined for professional misconduct for causing willful delay in the settlement of an estate, disobeying court orders, and abusing court processes through frivolous appeals and suits.

RULING

Yes. The Supreme Court DISBARRED Atty. Samuel C. Occeña from the practice of law. The Court found that Atty. Occeña’s actions constituted gross misconduct, willful disobedience of lawful court orders, and conduct prejudicial to the administration of justice. He violated his oath as a lawyer by willingly delaying a man’s cause. His deliberate and persistent tactics to prolong the estate proceedings for over a decade, his disregard of multiple court orders, and his filing of unmeritorious cases and complaints against the presiding judge demonstrated a clear intent to frustrate the ends of justice, benefit himself financially through a large attorney’s fee, and harass the judge. Such conduct rendered him unfit to remain a member of the legal profession. The Court emphasized that membership in the bar is a mandate to public service, and a lawyer’s primary duty is the advancement of truth and justice, not the instigation of controversy and conflict.