GOOD MORAL CHARACTER

Aquino vs. Pascua, 539 SCRA 1 , November 28, 2007

Attorneys; Notarial Law; Statutory Construction; Words and Phrases; “Misconduct” Defined; A lawyer is

guilty of misconduct in the performance of his duties for failing to register in his Notarial Register

affidavits-complaints.—After a close review of the records of this case, we resolve to adopt the findings

of facts and conclusion of law by the Office of the Bar Confidant. We find Atty. Pascua guilty of

misconduct in the performance of his duties for failing to register in his Notarial Register the affidavit-

complaints of Joseph B. Acorda and Remigio B. Domingo. “Misconduct” generally means wrongful,

improper or unlawful conduct motivated by a premeditated, obstinate or intentional purpose. The term,

however, does not necessarily imply corruption or criminal intent.

Same; Same; Misconduct; Penalties; The penalty to be imposed for acts of misconduct committed by a

lawyer is addressed to the sound discretion of the Court; A three-month suspension from practice of law

for a first time offender is in order, and since the offense is a ground for revocation of his notarial

commission, the same should likewise be imposed.—The penalty to be imposed for such act of

misconduct committed by a lawyer is addressed to the sound discretion of the Court. In Arrieta v. Llosa,

282 SCRA 248 (1997), wherein Atty. Joel A. Llosa notarized a Deed of Absolute Sale knowing that some

of the vendors were already dead, this Court held that such wrongful act “constitutes misconduct” and

thus imposed upon him the penalty of suspension from the practice of law for six months, this being his

first administrative offense. Also, in Vda. de Rosales v. Ramos, 383 SCRA 498 (2002), we revoked the

notarial commission of Atty. Mario G. Ramos and suspended him from the practice of law for six months

for violating the Notarial Law in not registering in his notarial book the Deed of Absolute Sale he

notarized. In Mondejar v. Rubia, 496 SCRA 1 (2006), however, a lesser penalty of one month suspension
from the practice of law was imposed on Atty. Vivian G. Rubia for making a false declaration in the

document she notarized. In the present case, considering that this is Atty. Pascua’s first offense, we

believe that the imposition of a three-month suspension from the practice of law upon him is in order.

Likewise, since his offense is a ground for revocation of notarial commission, the same should also be

imposed upon him. [Aquino vs. Pascua, 539 SCRA 1(2007)]