The Supreme Court held that Atty. Jose C. Quesada, Jr. was disbarred for gross misconduct and willful disobedience of lawful orders. The Court found him guilty of violating the notarial law by notarizing documents for deceased individuals and for his repeated failure to comply with court directives, demonstrating a lack of respect for the judicial system. This decision underscores the serious consequences for lawyers who neglect their duties as notaries public and disregard the authority of the courts.

When Silence Speaks Volumes: An Attorney’s Disregard for Court Authority

This case revolves around a disbarment petition filed against Atty. Jose C. Quesada, Jr. for gross misconduct. The charges stemmed from his notarization of a falsified Deed of Sale and a Joint Affidavit, both purportedly executed by deceased individuals. Beyond the falsification allegations, the case highlights Atty. Quesada’s repeated failure to comply with the Supreme Court’s directives to submit a comment on the complaint, leading to multiple fines and ultimately, an order for his arrest. The core legal question is whether Atty. Quesada’s actions constitute a violation of his duties as a lawyer and an officer of the court, warranting disciplinary action, including disbarment.

Initially, Romeo A. Zarcilla and Marita Bumanglag filed a complaint against Atty. Quesada, alleging his involvement in the falsification of public documents. Zarcilla claimed that Atty. Quesada notarized a Deed of Sale, making it appear that his deceased parents sold a parcel of land to Spouses Quezada. He also notarized a Joint Affidavit of the same deceased parents for the administrative reconstitution of the land title. However, Bumanglag later recanted, stating she facilitated the sale and that she made it appear that Zarcilla’s parents sold the property because the title was still under their name. In a resolution, the Office of the Provincial Prosecutor exonerated Atty. Quesada for insufficiency of evidence.

The matter took a turn when Zarcilla withdrew the falsification cases against Bumanglag upon discovering she was unaware of the contents of her counter-affidavit and was allegedly deceived by her co-accused, including Atty. Quesada. The Supreme Court then required Atty. Quesada to comment on the complaint against him. Despite multiple extensions and warnings, Atty. Quesada failed to file his comment, leading the Court to impose fines and eventually order his arrest. It was only after the arrest order that Atty. Quesada submitted his comment, claiming political harassment and vengeance, and paid the imposed fines.

The Integrated Bar of the Philippines (IBP) was tasked to investigate the matter and recommended Atty. Quesada’s disbarment, a decision adopted and approved by the IBP Board of Governors. The Supreme Court emphasized that disbarment cases are sui generis, focusing on whether the respondent is fit to continue as an officer of the court. While the Court acknowledged the need for substantial evidence to prove allegations, it also noted that clear preponderant evidence is necessary to justify the imposition of administrative penalties.

The Court declined to rule on the falsification charges against Atty. Quesada, stating that such determination should be made in appropriate criminal or civil proceedings. However, the Court found Atty. Quesada in violation of notarial law. Specifically, he notarized the Deed of Sale and Joint Affidavit when the supposed signatories, Zarcilla’s parents, were already deceased. This violated Section 2(b) of Rule IV of the 2004 Rules on Notarial Practice, which requires the affiant’s personal appearance before the notary public.

The Court emphasized that a notary public must verify the genuineness of the signature and ensure the document is the party’s free act. Thus, a notary public should not notarize a document unless the person who signed the same is the very same person who executed and personally appeared before him to attest to the contents and the truth of what are stated therein. Atty. Quesada’s actions were deemed to perpetuate a fraud, violating his oath as a lawyer to obey the laws and do no falsehood.

Notarization is not a mere routine act; it carries substantive public interest, converting private documents into public documents with full faith and credit. Notaries public must observe utmost care in performing their duties to maintain public confidence. For this reason, notaries public must observe with utmost care the basic requirements in the performance of their duties. Otherwise, the confidence of the public in the integrity of this form of conveyance would be undermined.

Beyond the notarial law violation, the Court highlighted Atty. Quesada’s defiance of its directives. His repeated disregard of Court resolutions to file his comment demonstrated gross misconduct and insubordination. It took a warrant of arrest to compel him to comply, and even then, he offered no apology or justification for his delay. The Court stated that his actions constituted willful disobedience of lawful orders, sufficient cause for suspension or disbarment under Section 27, Rule 138 of the Rules of Court.

Section 27, Rule 138 of the Rules of Court provides the grounds for disbarment or suspension, including willful disobedience of any lawful order of a superior court:

Sec. 27. Disbarment or suspension of attorneys by Supreme Court, grounds therefor. – A member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude or for any violation of the oath which he is required to take before admission to practice, or for a willful disobedience of any lawful order of a superior court, or for corruptly or willfully appearing as an attorney for a party to a case without authority to do so. The practice of soliciting cases for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice.

As an officer of the court, a lawyer must uphold the dignity and authority of the court through obedience to its orders. Atty. Quesada’s actions demonstrated a lack of moral character, honesty, and probity, rendering him unworthy of membership in the Philippine Bar. His repeated disobedience and lack of remorse justified the ultimate penalty of disbarment. The Court concluded that Atty. Quesada was guilty of gross misconduct and willful disobedience, making him unfit to continue in the legal profession.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Quesada’s notarization of documents for deceased individuals and his repeated failure to comply with court orders constituted gross misconduct warranting disbarment. The Supreme Court considered his violations of notarial law and his disrespect for judicial authority.
Why was Atty. Quesada disbarred?	Atty. Quesada was disbarred due to his gross misconduct and willful disobedience of lawful orders. These included notarizing documents for deceased individuals and repeatedly ignoring the Supreme Court’s directives to file a comment on the complaint against him.
What is the significance of personal appearance in notarization?	Personal appearance is crucial in notarization to verify the genuineness of the signatory’s signature and ensure the document is the party’s free act and deed. Without personal appearance, the notary cannot ascertain the authenticity of the document and the signatory’s consent.
What rule did Atty. Quesada violate regarding notarial practice?	Atty. Quesada violated Section 2(b) of Rule IV of the 2004 Rules on Notarial Practice, which requires the affiant’s personal presence before the notary during notarization. This rule aims to prevent fraud and ensure the integrity of notarized documents.
What does it mean for a disbarment case to be ‘sui generis’?	A disbarment case being ‘sui generis’ means it is a unique proceeding, neither purely civil nor purely criminal. It is an investigation by the court into the conduct of its officers to determine if they are still fit to practice law.
What is the effect of notarization on a private document?	Notarization converts a private document into a public document, making it admissible in evidence without further proof of its authenticity. This gives the document a presumption of regularity and legality, which is why notaries public must exercise due care.
What constitutes willful disobedience of a court order?	Willful disobedience of a court order involves intentionally disregarding or failing to comply with a lawful directive from a court. This can include ignoring deadlines, failing to submit required documents, or refusing to follow the court’s instructions.
Can a lawyer be disciplined for disobeying court orders?	Yes, a lawyer can be disciplined for disobeying court orders. Section 27, Rule 138 of the Rules of Court specifically provides that willful disobedience of any lawful order of a superior court is a ground for suspension or disbarment.

This case serves as a stern reminder to lawyers of their duties as officers of the court and the importance of upholding the integrity of the notarial process. Failure to comply with these duties can lead to severe consequences, including disbarment, thereby preventing them from practicing law.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: ROMEO A. ZARCILLA AND MARITA BUMANGLAG, COMPLAINANTS, V. ATTY. JOSE C. QUESADA, JR., RESPONDENT, G.R. No. 63989, March 13, 2018