Sesbreño owns 15 percent
For his “hard work” in a court case over property rights, lawyer Raul Sesbreño was awarded “15 percent” of the Borromeo Estate in Talisay City, according to court records.
Since then, he’s fought for the parcels of land that his deceased clients left him as payment for his services.
A writ of demolition for about 40 houses on the land was issued by Regional Trial Court Judge Gilbert Moises of Branch 18.
Starting this week, the demolition is being carried out by sheriff Constancio Alimurong. Settlers filed a pleading to quash the writ of demolition.
In an interview, Alimurong said he is dutybound to enforce the court order. He said only a restraining order can stop him from carrying it out.
RTC Judge Douglas Marigomen of Branch 5 earlier reversed a lower court ruling and declared the settlers “illegal occupants.”
Before that, the Municipal Trial Court in Cities (MTCC) in Talisay City dismissed the civil suit Sesbreño filed against the settlers.
Sesbreño is asserting his role as co-owner of the property but settlers are challenging his stake.
Part of the court order reads: “Wherefore, in view of the known legal standing, industry, the hard work and countless pleadings and persistence shown by Atty. Sesbreño, in behalf of his associates in clients Crispin and Carlos Borromeo . . . is hereby awarded the equivalent of 15 percent of the cash and real properties from the Estate of Vito Borromeo.”
Judge Marigomen inhibited from handling the case after settlers said he was being partial to Sesbreño. The case was raffled off to Judge Moises, who issued a writ of demolition.
BACKGROUND
In some legal circles, Sesbreño has a reputation of being a nuisance for filing complaints against judges, fellow lawyers and public officials who cross his path.
Many cases stemmed from the Talisay lot dispute involving his client, the Borromeo family.
He filed an administrative complaint against retired Judge Ireneo L. Gako Jr, who was fined by the Supreme Court for the undue delay in resolving a land dispute. He did the same against Judge Geraldine Faith Econg. The case was dismissed.
Lawyer Democrito Barcenas said Sesbreño was also controversial after he was convicted of murder in June 3, 1993.
The lawyer was found guilty of killing a porter of William Lines Inc. whom he suspected of trying to rob his wife’s store.
The charge was downgraded to homicide by the Supreme Court. He served a nine-year sentence.
Nevertheless, Barcenas, a former president of the IBP Cebu City chapter, urged the police to immediately solve the ambush that led to the death of Sesbreño’s wife and two others.
MONEYMAKING
In one Supreme Court decision, Sesbreño was reminded that “lawyering is not a moneymaking venture and lawyers are not merchants.”
He had been trying to collect damage claims from the Cebu provincial government that lost in a salary dispute case with street sweepers in 1979.
He tried to collect 30 percent of the award as the lawyer of the street sweepers from 1970 to 1979.
The court ordered the provincial government to reinstate the sweepers “with back wages, together with all privileges and salary adjustments or increases.”
The province sought the intervention of the Supreme Court.
The province also paid the sweepers’ salaries in a 1979 compromise agreement started by then governor Eduardo Gullas who is presently the congressman Cebu’s 1st district.
A new lawyer acted as the sweepers’ counsel when the settlement was made.
Sesbreño sued the government saying that when the laborers were granted their claims, the government “induced the street sweepers to violate their written contract for attorney’s fees.”
The lawyer felt his share in the attorney’s fees for pursuing the case was prejudiced.
