Respondent attorney Grageda was charged with conduct unbecoming a lawyer for preparing and notarizing a deed of sale using a stolen land title. The complainant had paid 108,000 pesos for the land, but the sale was invalid as the land had already been sold using the duplicate title. Grageda admitted to notarizing the deed, and was found to have acted beyond his role as a notary by advising the parties. The court suspended Grageda from practice for 3 months, finding that he failed in his duty to ensure justice and fully explain the transaction's legal implications to the parties. Notarizing a private document makes it admissible in court without proof of authenticity.
Respondent attorney Grageda was charged with conduct unbecoming a lawyer for preparing and notarizing a deed of sale using a stolen land title. The complainant had paid 108,000 pesos for the land, but the sale was invalid as the land had already been sold using the duplicate title. Grageda admitted to notarizing the deed, and was found to have acted beyond his role as a notary by advising the parties. The court suspended Grageda from practice for 3 months, finding that he failed in his duty to ensure justice and fully explain the transaction's legal implications to the parties. Notarizing a private document makes it admissible in court without proof of authenticity.
Respondent attorney Grageda was charged with conduct unbecoming a lawyer for preparing and notarizing a deed of sale using a stolen land title. The complainant had paid 108,000 pesos for the land, but the sale was invalid as the land had already been sold using the duplicate title. Grageda admitted to notarizing the deed, and was found to have acted beyond his role as a notary by advising the parties. The court suspended Grageda from practice for 3 months, finding that he failed in his duty to ensure justice and fully explain the transaction's legal implications to the parties. Notarizing a private document makes it admissible in court without proof of authenticity.
Respondent attorney Grageda was charged with conduct unbecoming a lawyer for preparing and notarizing a deed of sale using a stolen land title. The complainant had paid 108,000 pesos for the land, but the sale was invalid as the land had already been sold using the duplicate title. Grageda admitted to notarizing the deed, and was found to have acted beyond his role as a notary by advising the parties. The court suspended Grageda from practice for 3 months, finding that he failed in his duty to ensure justice and fully explain the transaction's legal implications to the parties. Notarizing a private document makes it admissible in court without proof of authenticity.
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Nadayag vs Atty.
Grageda AC 3232, September 27, 1994
Facts: Complainant Nadayag charged respondent Atty. Grageda, a practicing attorney and notary public in Iligan City, with conduct unbecoming a lawyer in connection with a Pacto de Retro transaction wherein complainant was the vendee. Nadayag alleged that respondent prepared and notarized the sale using a stolen OCT, and it was confiscated by Iligan City Register of Deeds when the complainant applied for the registration of the Pacto de retro. As a result, she was swindled P 108,000 because the land was already sold ahead of her using the owners duplicate copy of title. The complainant then filed a complaint against respondent and the accomplices of the respondent to the local barangay captain of the city and it was forwarder to the city fiscal but it does not include Grageda. Issue: WON the respondent violated the CPE, thus entitled him to be disciplined. Ruling: Yes. It was found out by the IBP a reason to discipline based on the admission of notarizing the deed of sale a retro, which was turned out to be a stolen OCT. The court takes special note of a notary public acting more than a notary public and goes beyond mere certification of the presence of the signatories, their having signed and having contracted. By this, he does not only acted as notary public but also acting as counsel to the parties of the contract. A lawyer may be disbarred or suspended for any misconduct, whether in his professional or private capacity, which shows him to be wanting in moral character, in honesty, probity and good demeanor or unworthy to continue as an officer of the court. A lawyer shall at all times uphold the integrity and dignity of the legal profession. The trust and confidence necessarily reposed by clients, his profession, the courts and the public. The bar should maintain a high standard of legal proficiency as well as of honesty and fair dealing.
Generally speaking, a lawyer can do honor to the legal profession by faithfully
performing his duties to society, to the bat, to the courts, and to his clients. To this end, nothing should be done by any member of the legal fraternity which might tend to lessen in any degree the confidence of the public in the fidelity, honesty, and integrity of the profession. In the case at bar, respondent should conscientious in seeing to it that justice permeated every aspect of a transaction for which services had been engaged, in conformity with the avowed duties of a worthy member of the Bar. He should have fully explained the legal intricacies and consequences of the subject transaction as would aid the parties in making an informed decision. xxx. Notarization of a private document converts such document into a public one and renders it admissible in court without further proof of its authenticity. The court, as recommended by the IBP Board of Governors, resolved to suspend respondent Atty Grageda from the practice of law for a period of three (3) months with the warning that a repetition of same or any other misconduct will be dealt with more severely.
