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Re Administrative Case Occena

Atty. Samuel Occena was disbarred for grossly violating his oath as a lawyer by deliberately delaying the settlement of an estate for 38 years, interposing numerous appeals, and refusing to comply with court orders. The Court found that his actions constituted deceit, malpractice, and grossly immoral conduct. The ruling emphasized that he was given full opportunity to respond to the charges against him before the disbarment decision was made.

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26 views1 page

Re Administrative Case Occena

Atty. Samuel Occena was disbarred for grossly violating his oath as a lawyer by deliberately delaying the settlement of an estate for 38 years, interposing numerous appeals, and refusing to comply with court orders. The Court found that his actions constituted deceit, malpractice, and grossly immoral conduct. The ruling emphasized that he was given full opportunity to respond to the charges against him before the disbarment decision was made.

Uploaded by

Annievin Hawk
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Case:

Re: Administrative Case Occena


A.C. No: 2841│Date: July 3, 2002│Ponente: Per Curiam
Topic: Lawyer’s oath
Digested by:

FACTS:
Atty. Occena deliberately delayed the settlement of estate of the deceased for 38 years and has not yet
been terminated due to his tactics. He prolonged the proceedings by interposing numerous appeals from
the orders of the probate court despite the heirs repeatedly prayed in their motions for the release of the
shares of stocks and the remaining cash. With this, Atty. Occena can claim for attorney's fee in the
amount of P250,000.00. Atty. Occeña also deliberately refuses to appear in court to comply with Court
orders but he will petition for restraining orders against the presiding judge that adds to the delay of
the proceeding.

ISSUE:
Whether Occeña’s acts constitute a gross violation of his oath as a lawyer.

RULING:
The Court disbarred Atty. Samuel Occena from practice of law and his name stricken from Roll of
Attorneys.
 A lawyer may be disbarred or suspended for any misconduct showing any fault or deficiency in
his moral character, honesty, probity or good demeanor. Furthermore, a disbarred lawyer must
have been given full opportunity upon reasonable notice to answer the charges against him,
produce witnesses in his own behalf, and to be heard by himself and counsel in which all these
requirements have been complied with in this case.
 Section 27, Rule 138 of the Revised Rules of Court mandates that a member of the Bar may be
disbarred or suspended by this Court for any deceit, malpractice, gross misconduct in office,
grossly immoral conduct, conviction of a crime involving moral turpitude, violation of the
lawyer's oath, willful disobedience of any lawful order of a superior court, and for willfully
appearing as an attorney for a party without authority to do so. Atty. Occeña committed deceit,
malpractice, grossly immoral conduct and willful disobedience to a superior court. He also
violated the lawyer's oath in which contains “I will delay no man for money or malice”.

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