Facts: Complainant, Manuel L. Lee, charged respondent, Atty. Regino B. Tambago, with violation of Notarial Law and the Ethics of the legal profession for notarizing a will that is alleged to be spurious in nature in containing forged signatures of his father, the decedent, Vicente Lee Sr. and two other witnesses, which were also questioned for the unnotated Residence Certificates that are known to be a copy of their respective voter's affidavit. In addition to such, the contested will was executed and acknowledged before respondent on June 30, 1965 but bears a Residence Certificate by the Testator dated January 5, 1962, which was never submitted for filing to the Archives Division of the Records Management and Archives Office of the National Commission for Culture and Arts (NCAA). Respondent, on the other hand, claimed that all allegations are falsely given because he allegedly exercised his duties as Notary Public with due care and with due regards to the provision of existing law and had complied with elementary formalities in the performance of his duties and that the complaint was filed simply to harass him based on the result of a criminal case against him in the Ombudsman that did not prosper. However, he did not deny the contention of non-filing a copy to the Archives Division of NCAA. In resolution, the court referred the case to the IBP and the decision of which was affirmed with modification against the respondent and in favor of the complainant.
Issue: Did Atty. Regino B. Tambago committed a violation in Notarial Law and the Ethics of Legal Profession for notarizing a spurious last will and testament?
Held: Yes. As per Supreme Court, Atty. Regino B. Tambago is guilty of professional misconduct as he violated the Lawyer's Oath, Rule 138 of the Rules of Court, Canon 1 and Rule 1.01nof the Code of Professional Responsibility, Article 806 of the Civil Code and provision of the Notarial Law. Thus, Atty. Tambago is suspended from the practice of law for one year and his Notarial commission revoked. In addition, because he has not lived up to the trustworthiness expected of him as a notary public and as an officer of the court, he is perpetually disqualified from reappointments as a Notary Public.
Issue: Did Atty. Regino B. Tambago committed a violation in Notarial Law and the Ethics of Legal Profession for notarizing a spurious last will and testament?
Held: Yes. As per Supreme Court, Atty. Regino B. Tambago is guilty of professional misconduct as he violated the Lawyer's Oath, Rule 138 of the Rules of Court, Canon 1 and Rule 1.01nof the Code of Professional Responsibility, Article 806 of the Civil Code and provision of the Notarial Law. Thus, Atty. Tambago is suspended from the practice of law for one year and his Notarial commission revoked. In addition, because he has not lived up to the trustworthiness expected of him as a notary public and as an officer of the court, he is perpetually disqualified from reappointments as a Notary Public.
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