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disbarment, held:
The attorney's oath is the source of the
obligations and duties of every lawyer and any
violation thereof is a ground for disbarment,
suspension, or other disciplinary action. The
attorney's oath imposes upon every member of
the bar the duty to delay no man for money or
malice.
Said duty is further stressed in Rule 1.03 of the
code of professional responsibility. Respondent's
demands for sums of money to facilitate the
processing of pending applications or requests
before her office violates such duty, and runs
afoul of the oath she took when admitted to the
bar.
The affirmation by a lawyer to uphold the law was
the subject in De Guzman vs. De Dios. In this
case where respondent was charged for
representing conflicting interest, found guilty and
suspended for six months, with a warning, the
highest tribunal held:
To say that lawyers must at all times uphold and
respect the law is to state the obvious, but such
statement can never be over-emphasized.
Considering that, 'of all classes and professions,
(lawyers are) most sacredly bound to uphold and
respect the law', it is imperative that they live by
the law.
Accordingly, lawyers who violate their oath and
engage in deceitful conduct have no place in the
legal profession. As a lawyer, respondent is bound
by her oath to do no falsehood or consent to its
commission and to conduct herself as a lawyer to
the best of her knowledge and discretion. The
lawyer's oath is a source of obligation and
violation thereof is a ground for suspension,
disbarment, or other disciplinary action. The acts
of respondent Atty. De Dios are clearly in violation
of her solemn oath as a lawyer that this court will
not tolerate.
In Sevillano Batac, Jr., et al. vs. Atty. P. Cruz, Jr.,
the Supreme Court in ordering the suspension of
respondent, quoted Sec. 27 of Rule 138 of the
Revised Rules of Court, thus:
Section 27. Disbarment or suspension of
attorneys by supreme court; grounds
therefor: A member of the bar may be disbarred
or suspended from his office as attorney by the
Supreme Court for any deceit, malpractice, or,
other gross misconduct in such office, grossly
immoral conduct, or by reason of his conviction of
a crime involving moral turpitude, or for any
violation of the oath which he is required to take
before admission to practice, or for a willful
disobedience of any lawful order of a superior
court, or for corruptly or willfully appearing as an
attorney for a party to a case without authority so
to do.
The practice of soliciting cases at law for the
purpose of gain, either personally or through paid
agents or brokers, constitutes malpractice. A
lawyer, under his oath, pledges himself not to
delay any man for money or malice and is bound
to conduct himself with all good fidelity to his
sale
Petitioners' Claim
- Hidalgo overlooked the fact that deed of sale
contained ALL the legal formalities of a duly
notarized document (including impression of his
notarial dry seal)
- Santuyos could not have forged the signature,
not being learned in technicalities surrounding
notarial act
- They had no access to his notarial seal and
notarial register, and they could not have made
any imprint of his seal or signature.
Respondents' Comments
- He denied having notarized any deed of sale for
disputed property.
- He once worked as junior lawyer at Carpio
General and Jacob Law Office; and admitted that
he notarized several documents in that office.
- As a matter of procedure, senior lawyers
scrutinized documents, and only with their
approval could notarization be done.
- In some occasions, secretaries (by themselves)
would affix dry seal of junior associates on
documents relating to cases handled by the law
firm.
- He normally required parties to exhibit
community tax certificates and to personally
acknowledge documents before him as notary
public.
- He knew Editha, but only met Benjamin in Nov
1997 (Meeting was arranged by Editha so as to
personally acknowledge another document)
- His alleged signature on deed of sale was forged
(strokes of a lady)
- At time it was supposedly notarized, he was on
vacation.
ISSUES
1. WON the signature of respondent on the deed
of sale was forged
2. WON respondent is guilty of negligence
HELD
1. Yes.
Ratio
The alleged forged signature was different from
Hidalgos signatures in other documents
submitted during the investigation.
Reasoning
Santuyos did not state that they personally
appeared before respondent. They were also not
sure if he signed the document; only that his
signature appeared on it. They had no personal
knowledge as to who actually affixed the
signature.
2. Yes.
Ratio
He was negligent for having wholly entrusted the
preparation and other mechanics of the
document for notarization to the office
secretaries, including safekeeping of dry seal and
making entries in notarial register.
Reasoning
Responsibility attached to a notary public is
sensitive, and respondent should have been more
discreet and cautious.
Disposition
Atty. Hidalgo is suspended from his commission
as notary public for two (2) years for negligence
in the performance of duties as notary public.
SICAT V ARIOLA, JR.
PER CURIAM; April 15, 2005
NATURE
Administrative case in the Supreme Court.
Violation of the Code of Professional
Responsibility
FACTS
- In an affidavit-complaint, complainat Arturo
Sicat, a Board Member of the Sangguniang
Panlalawigan of Rizal, charged respondent Atty.
Gregorio Ariola, the Municipal Administrator of
Cainta, Rizal withviolation of the Code of
Professional Responsibility by committing fraud,
deceit and falsehood in his dealings, particularly
the notarization of a
Special Power of Attorney (SPA) purportedly
executed by one Juanito C. Benitez According to
complainant, respondent made it appear that
Benitez executed the said document on January
4, 2001 when in fact
the latter had already died on October 25, 2000.
- He alleged that prior to notarization, the
Municipality of Cainta had entered into a contract
with J.C. Benitez Architect and Technical
Management, represented by Benitez, for the
construction of low-cost
houses (project worth=11M). For the services of
the consultants, the Municipality of Cainta issued
a check dated January 10, 2001 in the amount of
3.7M, payable to J.C. Benitez Architects and
Technical Management and/or Cesar Goco. The
check was received and cashed by the the latter
by virtue of the SPA notarized by Ariola.
Respondents' Comments
- Respondent explained that as early as May 12,
2000, Benitez had already signed the SPA. He
claimed that due to inadvertence, it was only on
January 4, 2001 that he was able to notarize it.
Nevertheless, the SPA notarized by him on
January 4, 2001 was not at all necessary because
Benitez had signed a similar SPA in favor of Goco
sometime before his death, on May 12, 2000.
Therefore, the SPA was cancelled the same day
he notarized it.
- Moreover, the suit should be dismissed for
forum shopping since similar charges had been
filed with the Civil Service Commission and the
Office of the Deputy Ombudsman for Luzon which
complaints were dismissed because the assailed
act referred to violation of the IRR of the
Commission on Audit.
- The Court, in its resolution dated March 12,
2003, referred the complaint to the Integrated
Bar of the Philippines for investigation, report and
recommendation. The IBP recommended that
respondent's notarial commission be revoked and
that he be suspended from the practice of law for
one year.
ISSUES
WON acts of respondent amounted to a violation
of the Code of Professional Responsibility.
HELD
Ratio
The act was a serious breach of the sacred
obligation imposed by the Code of Professional
Responsibility, specifically Rule 1.01 of Canon 1,
which prohibits engaging in unlawful, dishonest,
immoral or deceitful conduct.
Reasoning
The undisputed facts show that Benitez died on
October 25, 2000. The notarial acknowledgment
of respondent declared that Benitez appeared
before him and acknowledged that the
instrument was his clear and voluntary
act.Clearly respondent lied and intentionally
perpetuated an untruthful statement.
- Neither will respondent's defense that the SPA in
question was superfluous and unnecessary, and
prejudiced no one, exonerates him of
accountability. His assertion of falsehood in a
public document contravened one of the most
cherished tenets of the legal profession and
potentially cast suspicion on the truthfulness of
every notarial act.
Disposition
WHEREFORE, respondent Atty. Gregorio E. Ariola,
Jr., is found guilty of gross misconduct and is
hereby DISBARRED from the practice of law. Let
copies of this Resolution be furnished the Office
of the Bar Confidant and entered in the records of
respondent, and brought to the immediate
attention of the Ombudsman.
UI V BONIFACIO
DE LEON; June 8, 2000
NATURE
Administrative matter in the Supreme Court.
Disbarment.
FACTS
Mrs. Ui filed an administrative complaint for
disbarment against Atty. Bonifacio on the ground
of immorality, for allegedly carrying on an illicit
relationship with her husband Mr. Ui. In the
proceeding before the IBP
Commission on Bar Discipline, Atty. Bonifacio
attached a photocopy of a marriage certificate
that said that she and Mr. Ui got married in 1985,
but according to the certificate of marriage
obtained from the Hawaii State Department of
Health, they were married in 1987. She claims
that she entered the relationship with Mr. Ui in
good faith and that herconduct cannot be
considered as willful, flagrant, or shameless, nor
can it suggest moral indifference.
She fell in love with Mr. Ui whom she believed to
be single, and, that upon her discovery of his true
civil status, she parted ways with him.
ISSUE
WON Atty. Bonifacio conducted herself in an
immoral manner for which she deserves to be
barred from the practice of law
HELD
- No. The practice of law is a privilege. A bar
candidate does not have the right to enjoy the
practice of the legal profession simply by passing
the bar examinations. It is a privilege that can be
revoked, subject to the mandate of due process,
once a lawyer violates his oath and the dictates
of legal ethics. One of the conditions prior to the
admission to the bar is that an applicant must
possess good moral character. More importantly,
possession of good character must be continuous
as a requirement to the enjoyment of the
privilege of law practice. Otherwise, the loss
thereof is a ground for the revocation of such
privilege.