Case Digest (A.C. No. 13678 [Formerly CBD Case No. 18-5805)
Facts:
- Ehrenfrel C. Azarraga filed a disbarment complaint against Atty. Eduardo L. Jalbuna.
- Allegations included violations of the 2004 Rules on Notarial Practice, the Data Privacy Act of 2012, and the Code of Professional Responsibility.
- Atty. Jalbuna was the legal counsel for Teresita S. Larraga and her corporation, Panaderia de Molo, Inc.
- Teresita's daughter, Hyacinth Larraga Catral, took care of her and executed deeds of sale for portions of Teresita's land.
- The deeds of sale were authorized by a Special Power of Attorney (SPA) notarized by Atty. Jade Villanueva from Atty. Jalbuna's law office.
- A family dispute led to multiple legal actions, including a guardianship case and a case questioning the sale of Lot 506.
- Atty. Jalbuna attached a medical certificate to his Answer, which was not properly entered in his notarial register.
- The Executive Judge of the RTC of Iloilo found Atty. Jalbuna in violation of notarial duties and suspended him from being a Notary Public for two years.
- Azarraga also alleged that Atty. Jalbuna unlawfully obtained a copy of his marriage contract, violating the Data Privacy Act.
- Atty. Jalbuna claimed the notarial error was honest and that the marriage contract was a public record used for legitimate purposes.
- The Commission on Bar Discipline found Atty. Jalbuna violated notarial rules but had already been penalized and found no violation of the Data Privacy Act.
Issue:
- (Unlock)
Ruling:
- The court found that Atty. Eduardo L. Jalbuna did violate the 2004 Rules on Notarial Practice but had already been penalized by the Executive Judge of the RTC of Iloilo City.
- The court found that Atty. Eduardo L. Jalbuna did not violate the Data Privacy Act.
- The court found that Atty. Eduardo L. Jalbuna did not eng...(Unlock)
Ratio:
- Violation of Notarial Rules: Atty. Jalbuna admitted to not properly entering the medical certificate in his notarial register and taking the oath outside his regular place of work. These infractions were already addressed by the Executive Judge, who imposed a two-year suspension from notarial practice. The court found these actions did not rise to the level of unlawfulness, dishonesty, immorality, or deceit, as Dr. Tayo confirmed the authenticity of the medical certificate and...continue reading
Case Digest (A.C. No. 13678 [Formerly CBD Case No. 18-5805)
Facts:
The case involves a disbarment complaint filed by Ehrenfrel C. Azarraga against Atty. Eduardo L. Jalbuna. The complaint alleges violations of Sections 1 and 2, Rule VI of the 2004 Rules on Notarial Practice, Republic Act No. 10173 (Data Privacy Act of 2012), and Canon 1, Rule 1.01 of the Code of Professional Responsibility. Atty. Jalbuna was the legal counsel for Teresita S. Larraga and her corporation, Panaderia de Molo, Inc. Teresita had several children, but it was her daughter Hyacinth Larraga Catral who took care of her. Teresita sold portions of her land (Lot 506 in Barangay Bolong, Santa Barbara, Iloilo) to Anstay Realty and Development Corporation, Wivico Corporation, and Wilcon Builders Depot, Inc. The deeds of sale were executed by Hyacinth, authorized by a Special Power of Attorney (SPA) notarized by Atty. Jade Villanueva from Atty. Jalbuna's law office. A family dispute ensued, leading to multiple legal actions, including a guardianship case filed by Therese Larraga Azarraga and a case questioning the sale of Lot 506. Atty. Jalbuna, representing Hyacinth, attached a medical certificate issued by Dr. Anna Nina Natalia L. Tayo to his Answer. The certificate, which stated Teresita's mental status was normal, was not properly entered in Atty. Jalbuna's notarial register. The Executive Judge of the RTC of Iloilo found Atty. Jalbuna and others in violation of their notarial duties, suspending Atty. Jalbuna from being commissioned as a Notary Public for two years. Azarraga's disbarment complaint also alleged that Atty. Jalbuna unlawfully obtained a copy of Azarraga's marriage contract from the Philippine Statistics Authority without consent, violating the Data Privacy Act. Atty. Jalbuna defended himself, claiming the notarial error was honest and that the marriage contract was a public record use...