Case Digest (A.C. No. 5281)
Facts:
Manuel L. Lee v. Atty. Regino B. Tambago, A.C. No. 5281, February 12, 2008, First Division, Corona, J., writing for the Court. Complainant Manuel L. Lee filed a letter-complaint dated April 10, 2000 charging respondent Atty. Regino B. Tambago with violations of the old Notarial Law and the ethics of the legal profession for notarizing a spurious last will and testament of his late father, Vicente Lee, Sr. Complainant alleged the decedent never executed the will, that the instrument bore the forged signatures of the two purported attesting witnesses (Cayetano Noynay and Loreto Grajo), and that the testator’s signature on the will differed markedly from his signature on an earlier deed of donation.Complainant pointed out additional irregularities: the acknowledgment of the will before respondent was dated June 30, 1965 but the residence (cedula) certificate noted in the acknowledgment bore the earlier date January 5, 1962; no notation of the residence certificates of the two witnesses appeared; and no copy of the will was found in the archives division of the National Commission for Culture and the Arts (NCCA), whose certification showed only an affidavit by Bartolome Ramirez dated June 30, 1965 on file. Respondent denied the material allegations, asserted that complainant was not a legitimate son of the decedent, relied on affidavits favorable to the will’s execution, and contended the complaint was a harassment tactic following an unsuccessful criminal action before the Ombudsman.
By resolution dated October 17, 2001, the Supreme Court referred the complaint to the Integrated Bar of the Philippines (IBP) for investigation, report and recommendation. The IBP investigating commissioner found respondent guilty of violating the old Notarial Law and provisions of the Code of Professional Responsibility (Canon 1 and Rule 1.01) and recommended suspension for three months. The IBP Board of Governors, by Resolution No. XVII-2006-285 dated May 26, 2006, adopted the recommendation with modification and resolved to suspend respondent for one year, revoke his notarial commission, and disqualify him from reappointment as a notary public for two years...(Pro-only)
Issues:
- Did respondent Atty. Regino B. Tambago commit professional misconduct by notarizing the contested will that failed to comply with statutory formalities for a notarial will?
- Was respondent’s failure to file a copy of the notarized will in the archives division a ground for disciplinary action?
- What disciplinary sanction, if any, is appropriate for...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)