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case digest

FACTS: A disbarment case was filed against Atty. Llosa by Pike P. Arrieta for allegedly notarizing a Deed of Absolute sale, wherein, vendors noted were already dead prior to its execution. In answer, respondent admitted having notarized the Deed of Absolute Sale. But before affixing his notarial seal, he first ascertained the authenticity of the signatures, verified the identities of the signatories, and determined the voluntariness of its execution.

However, in a later date, the respondent sought to dismiss the disbarment case admitting to the fact the instant case is only a product of misunderstanding and misinterpretation of some facts and is now convinced that everything is in order. The designated Investigating Commissioner of the IBP recommended the dismissal of the instant case. The Board of Governors of the IBP adopted the above recommendation and resolved to dismiss the instant case after finding no compelling reason to continue with the disbarment proceedings.


ISSUE: Whether or not Atty. Joel A. Llosa be disbarred or suspended from practice of law.


HELD: YES. Respondent ordered SUSPENDED for six months from practice of law with a warning that another infraction will be dealt with more severely. Citing Section 1 of Public Act No. 2103 also known as the Notarial law, the Supreme Court explained the importance of adherence to said law as part of the responsibility of a duly deputized authority to conduct such notarial process. Due diligence is to be observed, this being part of a lawyers professional responsibility and procedural lapse is not an excuse to cater to the convenience of clients. Any violation is tantamount to misconduct. Such misconduct is a ground for disbarment as stated by the Section 27 of Rule 138 of the Rules of Court. Furthermore, the Supreme Court stressed the primary responsibility of lawyers as stated in Canon I of the Code of Professional Responsibility that a lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law and legal processes. A lawyer must also refrain from engaging in unlawful, dishonest, immoral or deceitful conduct. Any violation of his oath or of his duties as an attorney and counsellor, which include statutory grounds enumerated in Section 27, Rule 138 of the Rules of Court, all of these being broad enough to cover practically any misconduct of a lawyer in his professional or private capacity may be disbarred or suspended.

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