Gamalinda vs. Lim

GAMALINDA v. LIM NARVASA, C.J.:

In his verifed letter-complaint dated June 19, 1991, 1 complainant Domingo Gamalinda charges retired  Judge Fernand Fernando o Alcantara and and Atty. Joselito im !ith grave a"use o# o# their pro#ession pro#ession $%la"is $%la"is nilang nilang paga"uso sa &anilang propesyon%', deception, threats, dishonoring and in(uring the reputation o# said complainant and "ringing a"out the loss o# his land.  )he *ourt fnds fnds the charges charges to "e !ithout !ithout "asis and accordi accordingly ngly dismisses dismisses them.  )he administrative administrative complaint complaint against against retired retired Judge Fernand Fernando o Alcantara is a #utile attempt attempt to resurrect resurrect the charges fled against him in Adm. +atter o. +)J-9-9, !hich !ere dismissed "y this *ourt in its resolution o# /eptem"er 0, 1900 #or having "ecome moot and academic. Adm. +atter o. +)J-9-9 !as fled only on July , 1902, or fve $3' months a#ter the respondent (udge4s retirement #rom the service on Fe"ruary 5, 1902. o motion #or reconsideration having "een seasona"ly fled "y complainant, that resolution has "ecome fnal and e6ecutory. It serves as a "ar to a relitigation o# the same charges against respondent (udge. 2 )hat those charges are no! "eing "rought against respondent (udge in his capacity as an attorney does not help the cause o# complainant, #or the change in the #orm o# action or remedy pursued does not "ar the application o# the rule o# res  judicata.  judicata. 3 7n the other hand, the record esta"lishes that Atty. im !as merely per#orming his duty as counsel #or the plainti8s in *ivil *ase o. 502 !hen he did !hat is no! complained o#. 4 In *ivil *ase o. 502 o# the egional )rial *ourt o# )arlac, :ranch ;III, /alud :alot and Felicidad :alot had sued the heirs o# Apolinario Gamalinda 5 #or reconveyance, !ith damages, o# the eastern hal# o# ot o. 512 o# the cadastral survey o# lainti8s.% 11 )hat motion !as granted "y the lo!er court, "ut complainant re#used to surrender the 7!ner4s *opy o# )*) o. 10=99, prompting Atty. im to fle the Cuestioned %+otion to Declare 7!ner4s *opy o# )*) 10=99 ull and