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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