Case Summary (G.R. No. 215280)
Antecedents of the Case
Atty. Gonzales served as the legal counsel for Domingo C. Reyes, one of the owners of Anaped Estate, Inc. The initial conflict began when Mr. Reyes and his siblings filed a criminal complaint against Rodrigo C. Reyes and Emerencia R. Gungab, leading to the complainant's counter-complaint of Estafa through Falsification of Public Document against them, including Atty. Gonzales. Central to this case is an allegation that Atty. Gonzales notarized a Deed of Sale and failed to properly record a subsequent Director's Certificate in his notarial registry. Allegations of misrepresentation and conduct unbecoming of a lawyer intensified the administrative proceedings.
Allegations Against Atty. Gonzales
The complainant alleged multiple breaches of professional conduct by Atty. Gonzales. He was accused of failing to record the Director's Certificate in his notarial register, participating in its falsification, and misrepresenting himself in official documents. Orenia also cited an instance where Gonzales allegedly exhibited aggressive behavior towards him during a preliminary investigation, which contributed to the decision to file for disbarment.
Respondent's Defense
In response to the allegations, Atty. Gonzales admitted to the failure to record the Director's Certificate but attributed this oversight to the inadvertence of a former secretary. He denied other accusations, suggesting that the disbarment case was a harassing tactic by Orenia intended to influence ongoing legal matters against the complainant's employers.
Procedural History and IBP Recommendations
The procedural history reveals that the IBP's Commission on Bar Discipline initially recommended dismissal of the complaint. However, following an appeal by Atty. Gonzales, the IBP Board of Governors opted to impose a six-month suspension and revocation of his notarial commission, which he later sought to have reconsidered. The May 28, 2019 resolution granted a partial reconsideration by eliminating the suspension but maintaining the revocation and disqualification of his notarial commission.
Court's Ruling on Notarial Duties
The Court underscored the importance of maintaining strict adherence to notarial duties as mandated by public policy and highlighted that a notary public must keep a chronological official register. Atty. Gonzales' failure to record the Director's Certificate and misassignment of notarial details were deemed serious violations of his responsibilities, meriting significant sanctions.
Violations of the Code of Professional Responsibility
Atty. Gonzales was found to have contravened the Code of Professional Responsibility, particularly regarding the delegation of essential notarial functions to unqualified individuals, which constitutes a breach of Rule 9.01. Such failures fundamentally undermine public confidence in notarized documents and the integrity of the notarial system.
Appropriate Sanctions
Considering the violations, the Court deemed
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Introduction
- This case involves the administrative complaint for disbarment filed by Rodolfo L. Orenia III against Atty. Romeo S. Gonzales.
- The case pertains to allegations of misconduct related to notarial acts and violations of the Code of Professional Responsibility.
Background
- Atty. Gonzales acted as counsel for Domingo C. Reyes, who, alongside his siblings, filed a criminal complaint against Rodrigo C. Reyes and Emerencia R. Gungab.
- In retaliation, Orenia filed a counter-complaint for Estafa through Falsification of Public Document against Reyes, his siblings, and Atty. Gonzales.
- Orenia subsequently initiated an administrative disbarment case against Atty. Gonzales, alleging misconduct.
Allegations Against Atty. Gonzales
- Orenia accused Atty. Gonzales of notarizing a Deed of Sale and a Director's Certificate without proper recording.
- The Director's Certificate was purportedly falsified as it lacked authorization from Anaped's Board of Directors.
- Orenia claimed Atty. Gonzales misrepresented his position as Corporate Secretary and engaged in unprofessional conduct during the preliminary investigation.
Atty. Gonzales' Response
- Gonzales admitted to failing to record the Director’s Certificate, attributing the oversight to his former secretary’s inadvertence.
- He denied other allegations, asserting that the disbarment case was a h