ISIDRA VDA. DE VICTORIA Substituted by MARIO VICTORIA vs. HON.

COURT
OF APPEALS, at al.
G.R. No. 147550. January 26, 2005.
Facts:

An ejectment case was brought up against Isidra Victoria by

respondent spouses Luis and Zenaida Gibe.Mrs. Victoria denied
having entered Judge Lantins lot alleged to have been purchased
by the spouses Gibe, claiming that her farmhouse was constructed
on the very lot awarded to her family by the DAR.
MTC and RTC then ruled in favor of plaintiffs-spouses Gibe.
Petitioners Motion for Reconsideration having been denied by the
CA by Resolution for being filed 2 days beyond the reglementary
period, he filed the petition at bar after he was granted, on his
motion, an extension of thirty days to file the petition, conditioned
upon the timeliness of the motion for extension.
The petitioner and counsel Atty. Abdul A. Basar then tried to
deliberately mislead this Court as to the material dates and status
of the decision appealed from.
In his Motion for Extension of Time to File Petition for Review on
Certiorari, petitioner declared under oath that: (1) he had filed a
timely Motion for Reconsideration of the CA Resolution dismissing
his petition for certiorari, and (2) the notice of the denial by the CA
of his Motion for Reconsideration was received by petitioner only
[on] March 28, 2001, thus making it appear that he had until April
12, 2001 within which to perfect his appeal.
The appeal was indeed filed late despite the declaration.

Issue: Whether the counsel is guilty of violating Canon 10

Ratio:
YES. It cannot be overemphasized that parties and their counsel are dutybound to observe honesty and truthfulness in all their pleadings, motions
and statements before the courts. Canon 10 of the Code of Professional
Responsibility states, A lawyer owes candor, fairness and good faith to the
court; while Rules 10.01 and 10.03 of the same provide: Rule 10.01A
lawyer shall not do any falsehood, nor consent to the doing of any in Court;
nor shall he mislead, or allow the Court to be misled by any artifice. x x x
Rule 10.03A lawyer shall observe the rules of procedure and shall not
misuse them to defeat the ends of justice. Petitioner and his counsel, Atty.
Abdul A. Basar, are thus hereby directed TO SHOW CAUSE, within 10 days
from receipt of a copy of this Decision, why they should not be held in
contempt of court and disciplinarily dealt with for violation of Canon 10 of the
Code of Professional Responsibility, respectively.