Before the Court is a motion filed by the respondent seeking a reconsideration of the decision of this Court dated July 29, 1988 suspending respondent indefinitely from the practice of law until such time when he can demonstrate that he has rehabilitated himself and deserves to resume the practice of law.  The following grounds are recited:

"I

RESPONDENT DID NOT WITTINGLY OR WILLINGLY PROMOTE OR SUE IN BEHALF OF HIS POOR AND UNLETTERED CLIENT FOR MONEY OR MALICE IN THE SUBJECT CIVIL CASES AGAINST A VERY WEALTHY PUBLIC LAND APPLICANT FROM SAN JUAN, METRO MANILA, BUT AFTER BEING CONVINCED IN GOOD FAITH THAT HIS SAID CLIENT'S CAUSE SEEKING FOR JUSTICE IS LAWFUL, TRUE, JUST AND VALID UNDER THE FACTS AND EXISTING LAW ON SOCIAL LEGISLATION AND PUBLIC POLICY ON GIVING PUBLIC LAND TO THE LANDLESS AND NOT GROUNDLESS SUITS.

II

RESPONDENT IN GOOD FAITH AND FIDELITY TOOK UP THE CHALLENGE OF HANDLING OF THE CAUSE OF THE POOR UNLETTERED LANDLESS CLIENT AS THIS IS HIS DUTY AS DICTATED BY HIS CONSCIENCE AND CONVICTION.

III

RESPONDENT-MOVANT HEREIN HAS ONLY A FEW MORE MONTHS REMAINING FOR HIM TO SERVE IN THE PROSECUTION ARM OF THIS PRESENT DISPENSATION.  HIS ONLY REMAINING ASPIRATION AT PRESENT IS TO REDEEM HIS NAME, HONOR AND INTEGRITY AGAINST THESE CHARGES OF ALLEGED PERJURY AND DELAY OF JUSTICE COMING FROM THE ADVERSE PARTY COUNSEL BEFORE HIS LIFE ENDS FOR, WITHOUT HONOR IS, FOR HIM, EQUIVALENT TO UNTIMELY DEATH AS A MEMBER OF THE BAR, AS PROVINCIAL FISCAL AND AS A CITIZEN."

In the said decision, the Court found respondent guilty of unethical practices in:  (1) causing his client to perjure himself; (2) that he lacks candor and respect towards his adversary and the courts; and (3) that he had been abusive of his right of recourse to the courts.

On the first charge, the Court found that respondent filed a verified complaint for ejectment docketed as Civil Case No. 192 in the Municipal Court of Los Baños, Laguna wherein it is alleged that in the early part of 1960 defendant Julian Estolano dispossessed plaintiff Glicerio Aquino of a portion of the property in question, while in an amended complaint it is alleged that Estolano deprived Aquino of a portion of said property in the early part of 1973 to enable the inferior court to acquire jurisdiction over the case.

Respondent now argues that he filed the said pleadings in good faith and that he had no intention to cause his client to commit perjury.  He stressed that Aquino had been a bona fide occupant of the property in question even before 1958 and that his right was recognized by the Director of Lands in a decision dated August 13, 1962; that said property is an alienable portion of public land known as Camp Eldridge at Barangay Bambang, Los Baños, Laguna which is disposable under Republic Acts No. 274 and 730, with preferential right expressly given to actual occupants as Aquino; and that all he did was to exert his utmost and relentless time and effort in defending the cause of his poor, oppressed and unlettered landless client.

On the second and third charges for lacking candor towards his adversary and the courts and for abusing his right of recourse to the courts, respondent asserts that he only did his duty to protect the interests of his client.

The antecedents are the following:

Respondent filed an ejectment case in the Municipal Court of Los Baños, Laguna against Estolano on April 13, 1974, docketed as Civil Case No. 192.  A writ of preliminary mandatory injunction was issued by the trial court on May 21, 1974 restoring Aquino in the possession of the property upon his filing a bond.

On May 15, 1974, respondent as counsel of Aquino, filed in the Court of First Instance (CFI) of Laguna an action for the annulment of the title of Estolano docketed as Civil Case No. 179-C.  It was denied on April 26, 1976 for lack of cause of action and lack of jurisdiction.

In the meanwhile, on June 15, 1974, Estolano filed an action for recovery of possession of the property against Aquino also in the CFI of Laguna, docketed as Civil Case No. 183.  This case was resolved in favor of Estolano and was appealed by Aquino to the Court of Appeals where it is still pending.

On January 5, 1977, the Municipal Court dismissed Civil Case No. 192 for lack of jurisdiction and the writ issued was dissolved.  Said judgment was not executed as Aquino appealed to the CFI.  Nevertheless, the appeal was dismissed.  After the judgment had become final and executory, Estolano filed an ex parte motion for the execution of the same.  Respondent filed an opposition stating that he filed a petition for certiorari in the CFI of Laguna.  In deference to the same, the Municipal Court held in abeyance further action on the Estolano motion.

On July 1, 1977, respondent filed in behalf of Aquino an action against the Director of Lands and Estolano in the Court of Agrarian Relations (CAR) in San Pablo, Laguna for a determination of the preferential acquisitive rights and/or security of tenure of Aquino under Republic Acts No. 274 and 730 and Presidential Decrees No. 27 and 152 and Land Administrative Order No. 29.  The case was docketed as CAR Case No. 7043.  Upon an ex parte motion of respondent, the CAR issued a restraining order on July 2, 1977 enjoining the Director of Lands and Estolano from enforcing an earlier decision of the Director of Lands dated May 27, 1964 recognizing the prior right of Estolano to the questioned property and reversing his decision dated August 13, 1962 awarding to Aquino the preferential right to the property.  However, this case was also dismissed on May 18, 1979 for lack of jurisdiction.  On appeal, said decision was affirmed by the Court of Appeals on February 5, 1981.

Respondent argues that in all these cases that he filed in court his primary interest was to defend what he believes is the lawful cause of his client Glicerio Aquino.  He asserts that he filed the ejectment case inasmuch as Aquino's possession and preferential right to the property had been upheld in the decision of the Director of Lands dated August 13, 1962.  Although the Director of Lands, in a subsequent decision dated May 27, 1964, reversed himself and sustained the claim of Estolano over the property, respondent alleges that said decision is null and void on the ground that the same is against public policy and that it was procured through deceit, fraud, corruption and undue influence.  He also refers to Resolution No. 9, S-72 dated February 24, 1972 of the Presidential Action Committee on Justice and Agrarian Reform which in effect set aside said decision as it ordered a relocation survey of the property to determine once and for all the conflicting claims of Aquino and Estolano.

Respondent explains that these are the reasons why he filed the action for annulment of the title of Estolano.  He states that he filed the complaint in the agrarian court also to enforce the right of Aquino as a tenant tilling the land who is given preferential right to the property under the law.  He emphasizes that he did not deceive the CAR when he sought the issuance of a restraining order against the enforcement of the decision of the Director of Lands inasmuch as the parties had submitted their controversy to arbitration by then Secretary Ronaldo Zamora, Presidential Assistant on Legal Affairs,^[1] but Estolano reneged on this agreement.  Respondent concludes that Estolano and his counsel are responsible for the protracted litigation.

In March, 1988, an order of execution was issued by the trial court pending appeal of Civil Case 183-C.  Thus, Aquino was effectively dispossessed of the property in question.

The filing of this administrative complaint on April 2, 1978, notwithstanding, respondent went on with his practice of law for several years.  Most of his clients were poor/landless and indigent tenant-farmers from Laguna and Cavite, and from Parañaque, Bayumbong, and Jala-Jala, Rizal.^[2]

On January 20, 1987, he represented the Laguna chapter of the Integrated Bar of the Philippines (IBP) in the Government/NPC, Laguna Committee on Reconciliation and Ceasefire.^[3] Thereafter, President Aquino appointed him Municipal Councilor of Sta. Cruz, Laguna.^[4]

Upon recommendation of the then Minister of Justice and the officials and members of the Laguna chapter of the IBP attesting to his probity, integrity, trustworthiness, exemplary life and character,^[5] President Aquino appointed him Provincial Fiscal of Laguna^[6] which position he assumed on February 9, 1987.  Upon his suspension from the practice of law by this Court, he took an indefinite leave of absence effective August 11, 1988.

Respondent points out that except for this administrative case, no complaint, whether civil or criminal, had ever been filed against him.  He also points out that he performed his duty as government prosecutor with dedication so much so that he received an award of appreciation from the PC/INP Command of Laguna.^[7] Respondent adds that since 1978, he joined the Cursillo movement, the Christian charismatic movement and the Christian Family Movement.  It also appears that he is a YMCA director and life member.^[8]

 Respondent also contends that when he handled the case of Glicerio Aquino, his only motivation was to defend him from oppression and to protect him against a rich landowner, and that he received no monetary remuneration for his long and dedicated service except some tokens in the form of vegetable crops as camotes, guavas, mangos, star apples, etc.  He maintains that all his actuations were predicated on good faith and the honest belief that they were proper.

After due investigation, the Office of the Solicitor General recommended a suspension of six (6) months from the practice of law as penalty.  Respondent has been suspended since August 11, 1988, or for a period of about ten (10) months to date.  He is due to retire as Provincial Fiscal of Laguna in July, 1989.

A careful reexamination of the records of the case shows that the acts of respondent may be attributed to his extreme zeal and enthusiasm in prosecuting the cause of his client.  There is no proof of any dishonest motive or fraud, much less of any contemptuous act committed by him towards the courts or towards the adverse party or counsel.  While the courses of action he took tended to delay the disposition of the controversy and were redundant, his suspension from the practice of law is sufficient disciplinary action against him.  Moreover, there is proof that the fault cannot be attributed entirely to the respondent.  Complainant and his counsel also contributed to the delay in filing Civil Case No. 183 for recovery of possession, which is still pending appeal, and in failing to comply with the agreement to settle the dispute by arbitration.   Respondent and his client Aquino were willing to settle the problem but Estolano and his counsel did not care to pursue this course of action which could have terminated the matter once and for all.

The attestations of responsible persons in the public and private sector as to the integrity and good moral character of respondent show that he has rehabilitated himself as to deserve another chance to resume the practice of law.^[9]

WHEREFORE, the motion for reconsideration is GRANTED in that the suspension of respondent from the practice of law is hereby lifted.  This resolution is immediately executory.

SO ORDERED.

Fernan, C.J., Narvasa, Gutierrez, Jr., Cruz, Paras, Gancayco, Padilla, Bidin, Sarmiento, Cortes, Griño-Aquino, Medialdea, and Regalado, JJ., concur.
Melencio-Herrera, J., joins J. Feliciano in his dissenting opinion.

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^[1] Annexes K to K-8 of Motion for Reconsideration.

^[2] Annex A, ibid.

^[3] Annex C, ibid.

^[4] Annex D, ibid.

^[5] Annexes E-1 to E-3, ibid.

^[6] Annex E, ibid.

^[7] Annex F, ibid.

^[8] Annex G, ibid.

^[9] Annexes B, C, D, E to E-3, F, G, H to H-4, and I to I-4, ibid.

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