Felicidad L. Oronce, et al. v. CA, et. al. [G.R. No. 125766.

October 19, 1998]298 SCRA 133

FACTS:

During a dispute over land, Flaminiano illegally took possession of the property in litigation using abusive methods.
She was aided by her husband, a lawyer - Atty. Eduardo B.Flaminiano. The illegal entry took place while the case
was pending in the CA & while a writ of preliminary injunction was in force.

HELD: Atty. Flaminiano’s acts of entering the property without the consent of its occupants & in contravention of
the existing writ or preliminary injunction & making utterances showing disrespect for the law & this Court, are
unbecoming of a member of the Bar.

Although he says that they “peacefully” took over the property, such “peaceful” take-over cannot justify defiance
of the writ of preliminary injunction that he knew was still in force. Through his acts, he has flouted his duties as a
member of the legal profession.

Under the Code of Professional Responsibility, he is prohibited from counseling or abetting “activities aimed at
defiance of the law or at lessening confidence in the legal system.”

Atty. Flaminiano hereby is ordered to pay a fine of P25,000.00 for committing contumacious acts unbecoming of a
member of the Philippine Bar with a stern warning that a repetition of the same acts shall be dealt with more
severely.