G.R. No. 200180 - Cabanez vs. Solano

Complainants: Attorneys Anastacio T. Muntierto, Jr., Ramon Jose G. Duyongco, Mario Y. Cavada, and Chad Rodolfo M. Miel filed the administrative complaint.
Respondent: Attorney Gerardo Wilfredo L. Alberto, who was the counsel of record for Cristeto E. Dinopol, Jr. in a civil action for reconveyance, recovery of possession, and damages in RTC Masbate City (Civil Case No. 6835).

The respondent notarized a supplemental agreement and an amended joint venture agreement attached to the complaint.
He notarized the documents without having been issued a notarial commission, as confirmed by certification from the Notarial Division of the RTC in Cavite City indicating no record of his commission.
The notarizations were also antedated, raising issues of authenticity.

The respondent failed to indicate his Mandatory Continuing Legal Education (MCLE) certificate of compliance number and the date of issue in the complaint.
This omission was in flagrant disobedience to the resolution issued in Bar Matter No. 1922, which mandates disclosure in all pleadings and documents filed in court.
It was noted that he had a history of similar non-compliance in a previous case (A.C. No. 12131).

The respondent allowed a non-lawyer to sign and file the so-called Motion for Prior Leave of Court to Admit the Herein Attached Amended Complaint.
This act amounted to assisting and abetting the unauthorized practice of law, as it is a task reserved solely for attorneys of record.
Moreover, he fabricated a secretary’s certificate to falsely indicate his designation as the acting corporate secretary of Singtrader JV Corporation.

Upon receipt of the complaint by the Integrated Bar of the Philippines (IBP), the respondent failed to file an answer and thus was declared in default.
He did not attend the mandatory conference held on June 18, 2016, nor did he submit his position paper regarding the charges.
IBP Investigating Commissioner Rebecca Villanueva-Maala found the charges established and recommended a suspension from the practice of law for five years.
The IBP Board of Governors adopted the findings and recommended disciplinary measures including a fine for disregarding the Commission’s orders.

Whether the respondent violated the Lawyer’s Oath and the Code of Professional Responsibility by:

Notarizing documents without having been issued a notarial commission.
Allowing a non-lawyer to sign and file a motion in court, thus assisting and abetting the unauthorized practice of law.
Failing to disclose his MCLE certificate of compliance number and the date of its issue in pleadings concerning an ongoing case.