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25) ADMIN CASE AGAINST ATTY.

OCCENA
Facts:
Under the terms of the Last Will and Testament of the late Ogan, his residuary estate
was divided among his seven children. One of them, Necitas Ogan-Occea, was named in the
will as executrix of the estate. As such, she retained her husband, Atty. Samuel C. Occea,
as her lawyer. The settlement of the estate have been pending for thirteen (13) years when it was
transferred under the sala of Judge Ruiz who found out that the principal cause of delay was
the failure of Atty. Occea to obey lawful court orders such as the submission of the latest
inventory of all securities of the estate, take possession of all certificates of stocks or their
replacements belonging to the estate and as well as its inventory, and by willfully prolonging the
litigation through his various maneuvers, such as instituting actions for Atty. Occeas claim for
attorneys fee and filing other cases before the court thus prolonging the settlement of the case.

Issue:
Did Occeas acts constitute a gross violation of his oath as a lawyer?

Ruling: Yes. Atty. Occeas acts of disobeying lawful court orders and willfully prolonging the litigation
through his maneuvers constitute a gross violation of his lawyers oath that he will not
willingly sue any groundless, false or unlawful suit or delay no man for money of malice.

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