ARRIETA vs. LLOSA (A.C. No.

4369 11/28/1997)

case digest

FACTS: A disbarment case was filed against Atty. Llosa by Pike P. Arrieta for allegedly notarizing a Deed
of Absolute sale, wherein, vendors noted were already dead prior to its execution. In answer,
respondent admitted having notarized the Deed of Absolute Sale. But before affixing his notarial seal, he
first ascertained the authenticity of the signatures, verified the identities of the signatories, and
determined the voluntariness of its execution.

However, in a later date, the respondent sought to dismiss the disbarment case admitting to the fact the
instant case is only a product of misunderstanding and misinterpretation of some facts and is now
convinced that everything is in order. The designated Investigating Commissioner of the IBP
recommended the dismissal of the instant case. The Board of Governors of the IBP adopted the above
recommendation and resolved to dismiss the instant case after finding no compelling reason to continue
with the disbarment proceedings.

ISSUE: Whether or not Atty. Joel A. Llosa be disbarred or suspended from practice of law.

HELD: YES. Respondent ordered SUSPENDED for six months from practice of law with a warning that
another infraction will be dealt with more severely. Citing Section 1 of Public Act No. 2103 also known as
the Notarial law, the Supreme Court explained the importance of adherence to said law as part of the
responsibility of a duly deputized authority to conduct such notarial process. Due diligence is to be
observed, this being part of a lawyers professional responsibility and procedural lapse is not an excuse
to cater to the convenience of clients. Any violation is tantamount to misconduct. Such misconduct is a
ground for disbarment as stated by the Section 27 of Rule 138 of the Rules of Court. Furthermore, the
Supreme Court stressed the primary responsibility of lawyers as stated in Canon I of the Code of
Professional Responsibility that a lawyer shall uphold the Constitution, obey the laws of the land and
promote respect for law and legal processes. A lawyer must also refrain from engaging in unlawful,
dishonest, immoral or deceitful conduct. Any violation of his oath or of his duties as an attorney and
counsellor, which include statutory grounds enumerated in Section 27, Rule 138 of the Rules of Court, all
of these being broad enough to cover practically any misconduct of a lawyer in his professional or
private capacity may be disbarred or suspended.