 BROW-beating and general aggressiveness is usual among lawyers during trial. But, ordinarily, things things don't escalate beyond harsh words and stern looks.
So yesterday (June 23) must not have been an ordinary day, particularly for lawyers Deolito Alvarez and Mariano Jesus Cuenco.
The two were in near fisticuffs yesterday morning, moments after Regional Trial Court (RTC) Judge Geraldine Faith Econg told them to meet her in chambers.
The call to a closed-door conference was supposed to de-escalate the already heated exchange the two had in court, right after Econg began hearing a civil case that pitted the two against each other.
But according to courtroom sources, the two went for each others throat almost immediately after stepping in chambers.
"I was going to threaten them with contempt but I was afraid that it would only worsen the situation so I just told them to cool off," Econg said.
It took two Criminal Investigation and Detection Group (CIDG) policemen – PO3 Albin Bayno and SPO1 Eugene Badrena – to peel the two courtroom gladiators apart.
"One of them was clutching his bag and we were afraid that one of them might be armed. But when we very subtly groped the bag around, we found none," Badrena said.
It all began with the motion to dismiss that Alvarez filed against the rescission of contract and damages case that Cuenco filed.
Cuenco represented Dr. Avery Freed, an American, who has alleged that he was defrauded by a real-estate company, the Philippine Paramount Ventures Corp., Alvarez's client.
According to his complaint, the company duped the American into putting money on a non-existent subdivision development project by making him buy a parcel of land and then letting him sign a document forming a corporation with the American and one of the real-estate company's agents as incorporators.
But the American consulted a lawyer and was told that the sale was void from the start. He then asked for his money, all P11 million of it, back.
According to the suit, Freed made repeated demands but was not entertained. Hence the civil suit for rescission of contract and damages.
But Paramount Ventures, through Alvarez, moved for the immediate dismissal of the civil suit, saying Econg and the RTC has no jurisdiction to hear the case.
He maintained that the Housing and Land Use Regulatory Board (HLURB) has "exclusive jurisdiction" over the controversy.
"Plaintiff anchored his supposed cause of action for rescission of contract with damages as alleged subdivision subdivision lot buyer against defendant owner-developer. On this basis, plaintiff cannot deny therefore, that the instant case involves sale of subdivision lot and is a claim by an alleged subdivision buyer against the project owner-developer," Alvarez's motion read.
He cited Presidential Decree 957 and 1344, otherwise known as the Subdivision and Condominium Buyers Protective Decree, which grants unto the HLURB exclusive jurisdiction on cases "over this nature."
But during the hearing, Cuenco argued that the RTC retained jurisdiction because Paramount Properties supposedly does not have an HLURB license.
Alvarez immediately shot the argument down, saying this was pure speculation on the part of the younger lawyer.
Cuenco, for his part, shot back and said this was no speculation because he checked the HLURB website and noted that Paramount Properties was not among the firms granted such a license.
It was at this point that Econg stepped in and noted that the tidbit about Paramount not having an HLURB license was not alleged in the complaint Cuenco prepared.
Cuenco lamented that if the case does get dismissed, they'll be compelled to reconstitute their case before another forum. This, he said, would be a disservice to his client, who he said had already been defrauded by the millions.
And noting how tension between the two were already high, Econg directed the parties to calm down and report to her chambers – where all hell nearly broke loose.
draft of article submitted last Monday
 | no? ngeks... sayang... wala ko... |
 | can I be the referee?...please?... |
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we very subtly groped the bag around 
