Case Digest (A.C. No. 7091)
Facts:
- Jofel P. Legaspi filed a verified Affidavit-Complaint on March 2, 2006, against Atty. Ramon Landrito and Atty. Magno Toribio.
- Allegations included Grave Misconduct, Grave Dishonesty, Use of Falsified Document, and Conduct Unbecoming of a Member of the Bar.
- The complaint arose from the alleged falsification of a Special Power of Attorney (SPA) dated December 27, 2005.
- Atty. Landrito allegedly used the SPA to file an ejectment suit for Pedrito Aragon in DARAB, Cavite.
- Legaspi claimed Atty. Landrito falsely represented that Pedrito Aragon was authorized to act on behalf of co-heirs who were abroad.
- Atty. Toribio was accused of notarizing the SPA without the signatories' presence and failing to verify their identities.
- Both respondents denied the allegations; Atty. Toribio claimed the signatories confirmed their signatures.
- The Integrated Bar of the Philippines (IBP) investigated and found Atty. Toribio guilty, recommending a six-month suspension, while dismissing the case against Atty. Landrito.
Issue:
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Ruling:
- Atty. Magno Toribio was found guilty of violating the Code of Professional Responsibility and notarial practice rules, resulting in a six-month suspension. ...(Unlock)
Ratio:
- The Supreme Court highlighted the necessity of following notarial practice rules, which mandate the personal appearance of signatories before notarization.
- Atty. Toribio failed to verify the identities of the signatories, who were confirmed to be abroad during the SPA's execution.
- Notarization is crucial as it converts a private document into a public one, requiring strict adherence to legal formaliti...continue reading
Case Digest (A.C. No. 7091)
Facts:
In the case of Jofel P. Legaspi vs. Attys. Ramon Landrito and Magno Toribio, filed as Administrative Case No. 7091, the complainant, Jofel P. Legaspi, lodged a verified Affidavit-Complaint on March 2, 2006, against the respondents, Atty. Ramon Landrito and Atty. Magno Toribio, alleging Grave Misconduct, Grave Dishonesty, Use of Falsified Document, and Conduct Unbecoming of a Member of the Bar. The complaint stemmed from the alleged falsification of a Special Power of Attorney (SPA) dated December 27, 2005, which was purportedly used by Atty. Landrito to file an ejectment suit on behalf of Pedrito Aragon in the Department of Agrarian Reform Adjudication Board (DARAB) of Trece Martires City, Cavite, under docket number DARAB Case No. 0402-098-05. Legaspi contended that Atty. Landrito falsely represented that Pedrito Aragon was authorized to file the suit on behalf of his co-heirs, including Madonna Aristorenas and Rafael Aragon, who were not in the Philippines at the time and were certified by the Bureau of Immigration as residing abroad. Atty. Toribio was accused of notarizing the SPA without the presence of the signatories, failing to verify their identities, and ensuring that the document was executed voluntarily. In their respective comments, both respondents denied the allegations, with Atty. Toribio claiming that the signatories had attested to...