EMBIDO V. PE, JR.

2013
Complainant: Atty. Oscar L. Embido (Regional Director of the National Bureau of Investigation, Western
Visayas Regional Office)
Respondent: Atty. Salvador N. Pe, Jr. (Assistant Provincial Prosecutor of San Jose, Antique)
Topic: Rule 11.04 (Not to Attribute to Judge Motives)
Facts

This complaint for disbarment against respondent Pe was instituted by the NBI, represented by
Regional Director Embido, after Pe allegedly falsified a court document for a proceeding in a foreign
jurisdiction.
Atty. Ronel F. Sustituya, Clerk of Court of the RTC, received 2 letters from Mr. Ballam Delaney Hunt, a
Solicitor in the United Kingdom, requesting for a copy of the decision in Special Proceedings Case No.
084 rendered by Judge Rafael O. Penuela entitled In the Matter of the Declaration of Presumptive
Death of Rey Laserna, whose petitioner was one Shirley Quioyo. They found, however, that the RTC
had no record, as Special Proceedings No. 084 was docketed as In the Matter of the Declaration of
Presumptive Death of Rolando Austria, whose petitioner was one Serena Catin Austria.
They informed Mr. Hunt that what he had was a falsified court document, and proceeded to
communicate the situation to the NBI, thus triggering an investigation. Meanwhile, Dy Quioyo, brother
of Shirley Quioyo, executed an affidavit stating that it was the respondent who had facilitated the
issuance of the falsified decision for P60,000. This was corroborated by the affidavit of Mary Rose
Quioyo, Shirley Quiyos sister.
Respondent invoked his right to remain silent when the NBI invited him to explain his side. After the
investigation, the NBI recommended that respondent be prosecuted for falsification of public document
under Article 171, 1 and 2, of the Revised Penal Code, and for violation of Section 3(a) of Republic Act
3019, as well as for the Office of the Court Administrator to commence disbarment proceedings against
him.
Respondent submitted a counter-affidavit denying participation in the falsification. He alleged that he
merely gave Shirley Quioyo advice on annulment laws, that Dy Quiyo was the one who caused the
falsification through people on Recto Avenue, and that one Mrs. Florencia Jalipa had executed a sword
statement that her late husband, Manual Jalipa, had been responsible for making the falsified document
at the instance of Dy Quioyo.
The IBP found respondent guilty of serious misconduct and violations of the Attorneys Oath and Code
of Professional Responsibility, and recommended his suspension from the practice of law for one year.
o Pes denials are not worthy of merit, as had the document been falsified in Recto, it would not
have been an almost verbatim reproduction of the authentic decision on file in Judge Penuelas
branch (except for names and dates). Pe also did not attend the NBI investigation, making it
appear that his story is a mere afterthought.

Issue
1. W/N Pe is guilty of falsification of a court document in consideration of a sum of money YES
o Respondents main defense is blanket denial of the imputation, but his denial does not trump
Dy Quioyos positive evidence via a categorical declaration of his personal responsibility for the
falsified decision. Pes imputation against Quioyo also lacked credible specifics and did not
command credence.
o His belated response also makes it appear that his story is a mere afterthought.
o His allegation that Mrs. Jalipa executed a sworn statement is patent hearsay, especially as the
falsified decision is almost a verbatim reproduction of the authentic decision.

HELD: Respondent is hereby disbarred.