Arrieta Vs Llosa

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VEGA, PAOLO D.

June 15, 2012 Case Brief

JD1

USLS

Legal Research Atty. Jocelle Batapa-Sigue

Arrieta v. Llosa, 282 SCRA 248 A.C. No. 4369, November 28, 1997

FACTS: Complainant Pike P. Arrieta filed a disbarment case against respondent, Atty. Joel A. Llosa for notarizing a Deed of Absolute Sale, wherein, the vendors were already dead prior to its execution. Respondent sought to dismiss the disbarment case having admitted that he notarized the Deed of Absolute Sale, exercising due diligence and procedural verification of parties concerned, upon the expeditious request of his clients. On September 9, 1996 the complainant moved for the dismissal of his complaint arguing that no harm was done and the disbarment case was only a product of misunderstanding and misinterpretation of some facts. The Board of Governors of the Integrated Bar of the Philippines (IBP) resolved to dismiss the case after finding no reason for such disbarment case to proceed. The Supreme Court did not agree with the IBP and ruled otherwise. ISSUE: Should Atty. Joel A. Llosa be disbarred or suspended from practice of Law? RULING: 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 primordial responsibility of lawyers to obey the constitution and laws of the land as stated in Canon I of the Code of Professional Responsibility. Any deviation from such is violative of the lawyers oath and the duty they have subscribed into. PONENTE: Romero, J. Narvasa, (C.J., Chairman), Melo, Francisco, and Panganiban, JJ., concur.

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