ENCARNACION BANOGON, ET AL. vs. MELCHOR ZERNA, ET AL.154 SCRA 593

G.R. No. L-35469

Facts:

The original decision in this case was rendered by the cadastral court on February 9, 1926. A motion to amend that decision was filed on March 6, 1957, thirty one years later. On October 11, 1971, a motion to dismiss the petition was filed and was approved on the ground that laches had been operated against the petitioners. The petitioners then came to this court to question the order of the respondent judge.

Issues:

Whether or not the petitioners are guilty of laches

Holding:

The court held to dismiss the case.

Rationale:

Under the Civil Law, filing of petition for review of decision should be made within the prescribed period. As officers of the court, the lawyers have a responsibility to assist in the proper administration of justice. They do not discharge this duty by pointless petitions that only add t the workload of the judiciary. Legal Ethics also states that lawyers should take due responsibility because public distrust from lawyers arise from the way they misinterpret the law.