Case Digest (A.C. No. 9717)
Facts:
Noemi M. Donato v. Atty. Elmer A. Dela Rosa, A.C. No. 9717, July 29, 2025, Supreme Court En Banc, Per Curiam. The administrative complaint sought disbarment of respondent Atty. Elmer A. Dela Rosa for alleged violations of the Agrarian Reform laws on transferability, Rules 16.01 and 16.02 of Canon 16 and Canon 17 of the Code of Professional Responsibility (now CPRA), and the 2004 Rules on Notarial Practice.Noemi M. Donato (Donato), a member of the Palalan CARP Farmers Multi-Purpose Cooperative, alleged that Dela Rosa, who formerly acted as counsel for the cooperative, induced her to waive her rights over a 111.41-hectare parcel (the subject lot) for PHP 30.00 per square meter; she accepted a partial payment (allegedly by the respondent’s personal check) but the balance remained unpaid after the parcel was sold to Diana G. Biron on August 7, 2009 for PHP 30,000,000.00. Donato further claimed that a Special Power of Attorney (SPA) purportedly executed by cooperative members and notarized by Atty. Dela Rosa contained forged signatures and that the notarized SPA was not included in the respondent’s notarial reports.
The complaint was referred to the Integrated Bar of the Philippines–Commission on Bar Discipline (IBP‑CBD) by the Court on September 9, 2015. During the mandatory conference on March 11, 2016, respondent’s answer was admitted. A notable factual and administrative development was the October 12, 2011 Decision of the Department of Agrarian Reform Adjudication Board (DARAB), which declared that the 10‑year prohibition on transferability under the CARP should be reckoned from the award date of September 8, 1992, and not from the issuance of a corrected title on December 18, 2008.
On September 21, 2020, IBP Commissioner Eric Orolaza Labuguen recommended a three‑month suspension from the practice of law, revocation of any incumbent notarial commission, and a three‑month prohibition from reappointment as notary public. The IBP Board of Governors, by Notice of Resolution adopting the Report with modification (CBD Case No. 15‑4771), increased the recommended suspension to one year, ordered immediate revocation of any subsisting notarial commission, and disqualified respondent from reappointment as notary public for two years.
The Supreme Court, acting on the administrative complaint (A.C. No. 9717), issued the present Resolution after taking judicial notice of respondent’s prior disciplinary adjudications — notably Spouses Concepcion v. Atty. Dela Rosa (2015), Palalan CARP Farmers (2019, which resulted in disbarment), Jumalon v. Dela Rosa (2023), and Mamugay v. Dela Rosa (2023) — all involving the sam...(Subscriber-Only)
Issues:
- Is the disbarment complaint against Atty. Dela Rosa barred by res judicata?
- Was the sale of the subject lot on August 7, 2009 prohibited under Section 27 of the CARP?
- Did Atty. Dela Rosa commit violations of the Code of Professional Responsibility and the Notarial Rules warranting administrativ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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