(Part 18) EN BANC Hernando, J. Elanga v. Pasok
(Part 18) EN BANC; Hernando, J. Elanga v. Pasok [ A.C. No. 12030, September 29, 2020 ]
To stress, Atty. Pasok notarized the document evidencing the Real Estate Mortgage and received part of the proceeds thereof as expressly stated in the Agreement, specifically in the amounts of P162,178.03 and P23,782.00. By notarizing the mortgage document and subsequently receiving part of the proceeds thereof, Atty. Pasok violated Rule 4, Section 3 of the 2004 Rules of Notarial Practice which states:
SEC. 3. Disqualifications. - A notary public is disqualified from performing a notarial act if he:
x x x x
(b) will receive, as a direct or indirect result, any commission, fee, advantage, right, title, interest, cash, property, or other consideration, except as provided by these Rules and by law; x x x
Otherwise stated, Atty. Pasok was disqualified from notarizing the Real Estate Mortgage document since he will directly or indirectly gain from the mortgage's proceeds, as he in fact did thereafter.
The Elangas consistently asserted that Lourdes's signature in the Deed of Extra-Judicial Partition was forged. To prove this claim, they asked for Lourdes's signatures in relevant documents to be professionally examined. Notwithstanding this, they insisted that Atty. Pasok allowed Lourdes's signature to be forged in the said document. The Court will have to refrain from resolving this contention since "[d]isbarment proceedings based on falsification or forgery of public documents should not be the occasion to establish the falsification or forgery. Such bases should first be duly and competently established either in criminal or civil proceedings appropriate for that purpose."
"[T]he quantum of proof necessary for a finding of guilt in a disbarment case is substantial evidence or that amount of relevant evidence that a reasonable mind might accept as adequate to support a conclusion. The complainant has the burden of proving his allegations against respondents."
In the case at bench, the Elangas proved with substantial evidence that Atty. Pasok committed several infractions pertaining to his participation in relevant documents concerning the opposing parties not only as a retained counsel but also as a notary public, and which involved monetary considerations which he improperly received.
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In light of these circumstances, the Court finds that Atty. Pasok violated Rules 1.01, 1.02 and 1.03 of Canon 1 as well as Rule 16.01 of Canon 16 of the CPR.
The infraction which Atty. Pasok committed as a notary public merits a revocation of his incumbent commission, if any, and a disqualification from being commissioned as a notary public for five (5) years. Withal, Atty. Pasok should bear in mind that "[l]awyers commissioned as notaries public are mandated to discharge with fidelity the duties of their offices, such duties being dictated by public policy and impressed with public interest."
[This Court citing Orola v. Baribar, A.C. No. 6927, March 14, 2018 citing Agbulos v. Viray, 704 Phil. 1, 9 (2013)]
Indeed, Atty. Pasok's "failure to properly perform his duty as a notary public resulted not only in damage to those directly affected by the notarized document but also in undermining the integrity of the office of a notary public and in degrading the function of notarization." Therefore, taking all of Atty. Pasok's transgressions as a whole, it is but appropriate that a suspension from the practice of law for five (5) years be imposed upon him.
[ A.C. No. 12030, September 29, 2020 ]
LOURDES E. ELANGA AND NILO ELANGA REPRESENTED BY THEIR ATTORNEYS-IN-FACT EVELYN E. VELOSO AND MELLY ELANGA, COMPLAINANTS, VS. ATTY. RUTILLO B. PASOK, RESPONDENT.
HERNANDO, J.
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