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DANTES
Facts:
Emma T. Dantes, sought the disbarment of her husband, Atty. Crispin G.
Dantes on the ground of immorality, abandonment, and violation of professional ethics
and law. Respondent purportedly engaged in illicit relationships with two women, one
after the other, and had illegitimate children with them.
From the time respondents illicit affairs started, he failed to give regular
support to complainant and their children, thus forcing complainant to work abroad to
provide for their childrens needs. Complainant pointed out that these acts of
respondent constitute a violation of his lawyers oath and his moral and legal
obligation to be a role model to the community.
IBP recommended that the respondent be suspended indefinitely from the
practice of law.
Held:
Supreme Court agreed with the recommendation of the IBP.
Held:
Since Atty. Pilla actually benefited from the falsified document, he is presumed
to have a hand in the falsification of the same. Respondent miserably failed to rebut
this presumption with his barefaced denial that he had no knowledge of the
forgery. The Court cannot give credence to respondents negative assertion that he did
not know that the special power of attorney issued in his favor was falsified.
As a lawyer, respondent knows or ought to know that parties to a public document
must personally appear before the notary public to attest that the same is their own
free act and deed. In utter disregard of this requirement, Atty. Pilla cause the SPA to
be notarized without the parties appearing before the notary public.
Atty. Pilla acts clearly fall short of the standards set by the Code of Professional
Responsibility particularly Rule 1.01 which provides:
a Lawyer shall not engage in unlawful, dishonest, immoral or deceitful
conduct.
A lawyer may be suspended or disbarred for ANY misconduct, even if it pertains
to his private activities, as long as it shows him to be wanting in moral character,
honesty, probity, or good demeanor. Possession of good moral character is not only a
good precedent to the practice of law, but a continuing qualification for all members of
the bar.
Recommendation of the IBP that respondent be suspended from the practice of
law for a period of three (3) years is approved.
despite notices and demand from Orbe, the latter filed a complaint for grave
misconduct against Adaza.
Orbe alleged that Adaza is unfit to be a member of the bar. Eventually, the case
was referred to the respective Integrated Bar of Philippines chapter. Despite notices,
Adaza failed to appear in any of the proceedings. The IBP chapter then recommended
Adazas suspension for one year.
Held:
Supreme Court adopted the recommendation.
A member of the bar may be so removed or suspended from office as an
attorney for any deceit, malpractice, or misconduct in office. The word "conduct" used
in the rules is not limited to conduct exhibited in connection with the performance of
the lawyers professional duties but it also refers to any misconduct, although not
connected with his professional duties, that would show him to be unfit for the office
and unworthy of the privileges which his license and the law confer upon him.
Respondents issuance of worthless checks and his contumacious refusal to
comply with his just obligation for nearly eight years is appalling and hardly deserves
compassion from the Court.
WHEREFORE, respondent Henry M. Adaza is found guilty of gross misconduct, and he
is hereby ordered suspended from the practice of law for a period of ONE (1) YEAR.
Respondent deceived the complainant by assuring her that he could give her visa and
travel documents; that despite spurious documents nothing untoward would happen;
that he guarantees her arrival in the USA and even promised to refund her the fees
and expenses already paid, in case something went wrong. All for material gain.
Atty. Dorotheo Calis was disbarred.
Yes. Supreme Court agreed with the Investigating Commissioner in his findings of
facts and conclusion of culpability, and even in his own lament that the recommended
penalty would even seem light.
Indeed, the misconduct of respondent, which this case has unfolded, is grave and
serious that brings dishonor to the legal profession.
In respondents notarization of a forged deed of sale, we see not just an act of
generosity lavishly extended. We see his active role to perpetuate a fraud, a deceitful
act to prejudice a party.
It must be stressed that under Section 1 of Public Act No. 2103, a notary public,
like herein respondent, shall certify that the person acknowledging or
document is known to him and that he is the same person who executed it, and
acknowledged that the same is his free act and deed. The purpose of the
requirement of personal appearance by the acknowledging party before the notary public
is to enable the latter to verify the genuineness of the signature of the former.
In Maligsa v. Cabanting, we emphatically pronounced:
As a lawyer commissioned as notary public, respondent is mandated to subscribe
to the sacred duties appertaining to his office, such duties being dictated by public
policy impressed with public interest. Faithful observance and utmost respect of the
legal solemnity of the oath in an acknowledgment or jurat is sacrosanct. Simply put,
such responsibility is incumbent upon and failing therein, he must now accept the
commensurate consequences of his professional indiscretion. By his effrontery of
notarizing a fictitious or spurious document, he has made a mockery of the legal
solemnity of the oath in an Acknowledgment.
A lawyer shall at all times uphold the integrity and dignity of the legal
profession. The bar should maintain a high standard of legal proficiency as well as
honesty and fair dealing. A lawyer brings honor to the legal profession by faithfully
performing his duties to society, to the bar, to the courts and to his clients. To this
end a member of the legal fraternity should refrain from doing any act which might
lessen in any degree the confidence and trust reposed by the public in the fidelity,
honesty and integrity of the legal profession.
IN VIEW OF ALL THE FOREGOING, we find respondent ENRIQUE S. CHUA guilty
of grave misconduct rendering him unworthy of continuing membership in the legal
profession. He is thus ordered DISBARRED from the practice of law.
acknowledged the contents thereof before him as Notary Public on 5 May 1992 when
in truth and in fact the affiant did not and could not have done so.
Held:
It would have been physically and legally impossible for the affiant Irene Maligsa
to have executed the alleged Deed of Quitclaim on 5 May 1992 and to have personally
subscribed to its authenticity and validity before respondent notary public on the
same date, affiant having died on 21 April 1992. Also, it behooves respondent as a
notary public to require the personal appearance of the person executing a document
to enable the former to verify the genuineness of the signature of the affiant.
A lawyer shall at all times uphold the integrity and dignity of the legal
profession. The bar should maintain a high standard of legal proficiency as well as of
honesty and fair dealing. A lawyer brings honor to the legal profession by faithfully
performing his duties to society, to the bar, to the courts and to his clients. To this end
a member of the legal fraternity should refrain from doing any act which might lessen
in any degree the confidence and trust reposed by the public in the fidelity, honesty
and integrity of the legal profession.
Notarization of a private document converts the document into a public one
making it admissible in court without further proof of its authenticity. As a lawyer
commissioned as notary public, respondent is mandated to subscribe to the sacred
duties appertaining to his office, such duties being dictated by public policy
and impressed with public interest.
By his effrontery of notarizing a fictitious or spurious document, he has made a
mockery of the legal solemnity of the oath in an Acknowledgment.
ATTY. CABANTING was DISBARRED.