Академический Документы
Профессиональный Документы
Культура Документы
1/14
5/2/2016
preponderant.All
_______________
*
527
527
2/14
5/2/2016
528
http://www.central.com.ph/sfsreader/session/000001546fe4080d42ec158a003600fb002c009e/t/?o=False
3/14
5/2/2016
Id., p. 6.
529
529
4/14
5/2/2016
Id., p. 7.
Id., p. 9.
Id., p. 9.
Id., p. 10.
530
5/14
5/2/2016
531
15
complainant
http://www.central.com.ph/sfsreader/session/000001546fe4080d42ec158a003600fb002c009e/t/?o=False
and
6/14
5/2/2016
12
Id., p. 137.
13
14
15
16
17
The records do not indicate that the motions for reconsideration were
filed in the IBP; they were filed directly with the Supreme Court. The
Court, consistent with the rules governing disbarment proceedings,
treated the motions for reconsideration as petitions for review of the IBP
resolution.
18
532
7/14
5/2/2016
People v. Reyes, G.R. No. 153119, 13 April 2004, 427 SCRA 28;
533
8/14
5/2/2016
Rollo, p. 57.
23
534
merely preponderant.
Complainants uncorroborated
theory of an entire conspiracy of lawyers and government
officials beholden to respondent Calubaquib did not
constitute such evidence.
The forgery of Villegas signature having remained
unproven, we can only hold respondents liable for their
omissions that have actually been proved.
In this respect, we find that the recommendations of IBP
Commissioner Maala adopted by the IBP were supported by
the evidence on record, particularly the documents
themselves as well as the respondents own admission.
In response, on the other hand, to respondents feeble
attempts to deflect the blame from themselves and onto
their staff, we call their attention
to Sections 245, 246 and
25
249(b) of the Notarial Law.
Sections 245 and 246 of the Notarial Law provided:
SEC. 245. Notarial Register.Every notary public shall keep a
http://www.central.com.ph/sfsreader/session/000001546fe4080d42ec158a003600fb002c009e/t/?o=False
9/14
5/2/2016
The Notarial Law (Chapter 11 of Act 2711) was in effect at the time of the
535
535
10/14
5/2/2016
x x xx x xx x x
(b) The failure of the notary to make the proper entry or entries in his
notarial register touching his notarial acts in the manner required by
law.
x x xx x xx x x
536
30
http://www.central.com.ph/sfsreader/session/000001546fe4080d42ec158a003600fb002c009e/t/?o=False
11/14
5/2/2016
Lucente v. Atty. Evangelista, Jr., 444 Phil. 721 ; 396 SCRA 627
(2003).
28
29
30
537
12/14
5/2/2016
nationwide.
This Resolution is immediately executory.
SO ORDERED.
Puno (Chairperson), Sandoval-Gutierrez, Azcuna
and Garcia, JJ., concur.
Atty. Romeo I. Calubaquib and Atty. Jimmy P. Baliga
suspended from practice of law for one (1) year for violation
of Rule 1.01, Canon 1 of Code of Professional Responsibility
and lawyers oath, with warning against repetition of similar
infraction. Their notarial commissions revoked, with
disqualification from appointment as notaries public for two
(2) years.
Notes.The fact that the deed was notarized in Manila
when it could have been notarized in Bulacan casts doubt
on the procedural regularity in the preparation, execution
and signing of the deedconsequently, the claim of the
signatories that they did not sign the document before a
notary public is more plausible than another partys feeble
claim to the contrary. (Constantino vs. Court of Appeals, 264
SCRA 59 [1996])
538
538
http://www.central.com.ph/sfsreader/session/000001546fe4080d42ec158a003600fb002c009e/t/?o=False
13/14
5/2/2016
http://www.central.com.ph/sfsreader/session/000001546fe4080d42ec158a003600fb002c009e/t/?o=False
14/14