Professional Documents
Culture Documents
*
A.C. No. 5281. February 12, 2008.
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* FIRST DIVISION.
394
395
both the old Notarial Law and the Residence Tax Act. As much
could be said of his failure to demand the exhibition of the
residence certificates of Noynay and Grajo.
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397
RESOLUTION
CORONA, J.:
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1 Rollo, p. 3.
398
2
pointed out that the residence certificate of the testator
noted in3 the acknowledgment of the will was dated January
5, 1962. Furthermore, the signature of the testator was not4
the same as his signature as donor in a deed of donation
(containing his purported genuine signature). Complainant
averred that the signatures of his deceased father in the
will and in the deed of donation were “in any way (sic)
entirely and 5diametrically opposed from (sic) one another in
all angle[s].”
Complainant also questioned the absence of notation of
the residence certificates of the purported witnesses
Noynay and Grajo. He alleged that their signatures had
likewise been forged and merely copied from their
respective voters’ affidavits.
Complainant further asserted that no copy of such
purported will was on file in the archives division of the
Records Management and Archives Office of the National
Commission for Culture and the Arts (NCCA). In this
connection, the certification of the chief of the archives
division dated September 19, 1999 stated:
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399
Lee, Sr. and the last will and testament was validly
executed7 and actually notarized by respondent per
affidavit of Gloria Nebato, common-law wife of 8 Vicente
Lee, Sr. and corroborated by the joint affidavit of the
children of Vicente Lee,9 Sr., namely Elena N. Lee and
Vicente N. Lee, Jr. x x x.”
Respondent further stated that the complaint was filed
simply to harass him because the criminal case filed by
complainant against him in the Office of the Ombudsman
“did not prosper.”
Respondent did not dispute complainant’s contention
that no copy of the will was on file in the archives division
of the NCCA. He claimed that no copy of the contested will
could be found there because none was filed.
Lastly, respondent pointed out that complainant had no
valid cause of action against him as he (complainant) did
not first file an action for the declaration of nullity of the
will and demand his share in the inheritance.
In a resolution dated October 17, 2001, the Court
referred the case to the Integrated Bar of the Philippines
10
(IBP) for investigation, report and recommendation.
In his report, the investigating commissioner found
respondent guilty of violation of pertinent provisions of the
old Notarial Law as found in the Revised Administrative
Code. The violation constituted an infringement of legal
11 12
11 12
ethics, particularly Canon 1 and Rule 1.01 of the Code of
Profes-
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400
13
sional Responsibility (CPR). Thus, the investigating
commissioner of the IBP Commission on Bar Discipline
recommended the suspension of respondent for a period of
three months.
The IBP Board of Governors, in its Resolution No.
XVII2006-285 dated May 26, 2006, resolved:
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401
402
403
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25 REVISED ADMINISTRATIVE CODE, Book I, Title IV, Chapter 11,
Sec. 251.
26 Commonwealth Act No. 465.
404
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29
unavailability of the original, otherwise, the evidence
presented will not be admitted. Thus, the photocopy of
respondent’s notarial register was not admissible as
evidence of the entry of the execution of the will because it
failed to comply with the requirements for the admissibility
of secondary evidence.
In the same vein, respondent’s attempt 30
to controvert the
certification dated September 21, 1999 must fail. Not only
did he present a31mere photocopy of the certification dated
March 15, 2000; its contents did not squarely prove the
fact of entry of the contested will in his notarial register.
32
Notaries public must observe with utmost care and
utmost fidelity the basic requirements in the performance
of their duties, otherwise, the confidence of the public33
in
the integrity of notarized deeds will be undermined.
Defects in the observance of the solemnities prescribed
by law render the entire will invalid. This carelessness
cannot be taken lightly in view of the importance and
delicate nature of a will, considering that the testator and
the witnesses, as in this case, are no longer alive
34
to identify
the instrument and to confirm its contents. Accordingly,
respondent must be held
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406
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35 Id., p. 13.
36 REVISED ADMINISTRATIVE CODE, Book 1, Title IV, Chapter 11.
37 “Duties of attorneys.—It is the duty of an attorney:
407
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48
suspension, or fine—will accomplish the end desired. The
rule then is that disbarment is meted out only in clear
cases of misconduct that seriously affect the standing
49
and
character of the lawyer as an officer of the court.
Respondent, as notary public, evidently failed in the
performance of the elementary duties of his office. Contrary
to his claims that he “exercised his duties as Notary Public
with due care and with due regard to the provision of
existing law and had complied with the elementary
formalities in the performance of his duties x x x,” we find
that he acted very irresponsibly in notarizing the will in
question. Such recklessness warrants the less severe
punishment of suspension from the practice of law. It is, as
well, a sufficient
50
basis for the revocation of his
commission and his perpetual 51
disqualification to be
commissioned as a notary public.
WHEREFORE, respondent Atty. Regino B. Tambago is
hereby found guilty of professional misconduct. He violated
(1) the Lawyer’s Oath; (2) Rule 138 of the Rules of Court;
(3) Canon 1 and Rule 1.01 of the Code of Professional
Responsibility; (4) Art. 806 of the Civil Code and (5) the
provisions of the old Notarial Law.
Atty. Regino B. Tambago is hereby SUSPENDED from
the practice of law for one year and his notarial commission
REVOKED. Because he has not lived up to the
trustworthiness expected of him as a notary public and as
an officer of the
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