FACTS:

In this disbarment complaint, complainant Mercedita De Jesus accused respondent Atty. Juvy Mell Sanchez-Malit of grave misconduct, dishonesty, malpractices, and unworthiness to become an officer of the Court. The complaint alleged various instances of wrongdoing by respondent.

One of the allegations was that on March 1, 2002, respondent drafted and notarized a Real Estate Mortgage falsely naming complainant as the absolute and registered owner of a public market stall. As a result, the mortgagee sued complainant for perjury and for collection of a sum of money. Complainant claimed that respondent, as a consultant of the local government unit, was aware that the market stall was government-owned.

Complainant also revealed that respondent had notarized two contracts that caused her legal and financial problems. The first contract was a lease agreement notarized without the signature of the lessees. Complainant only discovered this when she lost her copy and asked for another one from respondent. The second contract was a sale agreement over a property covered by a Certificate of Land Ownership Award (CLOA), which complainant entered into with a certain Nicomedes Tala. Respondent did not advise complainant that the property was still covered by the period within which it could not be alienated.

Additional evidence submitted by complainant included three Special Powers of Attorney (SPAs) notarized by respondent and an Affidavit from Irene Tolentino, complainant's secretary/treasurer. The SPAs were not signed by the principals named therein and only bore the signature of the attorney-in-fact, Florina B. Limpioso.

Respondent submitted her Comment, explaining her side of the story. She claimed that the inaccuracies in the documents were due to oversight and justified her actions based on the circumstances surrounding each case. Complainant submitted an Urgent Ex-Parte Motion for Submission of Additional Evidence, which included more documents notarized by respondent.

The Integrated Bar of the Philippines (IBP) Investigating Commissioner recommended the revocation of respondent's Notarial Commission and her disqualification as a notary public for two years. The IBP Board of Governors adopted and approved the Commissioner's recommendation, with the modification of suspending respondent from the practice of law for one year.

Respondent filed two Motions for Reconsideration, arguing that the additional documents submitted by complainant were inadmissible and that the Commissioner should have expunged them from the records. Respondent also mentioned mitigating circumstances that should be taken into account.

The IBP Board of Governors denied respondent's motion for lack of substantial reason. The documents were then transmitted to the Director for Bar Discipline, in accordance with Rule 139-B of the Rules of Court.

ISSUES:

1. Whether or not Atty. Juvy Mell Sanchez-Malit should be disbarred based on the grounds of grave misconduct, dishonesty, malpractices, and unworthiness.

RULING:

1. The Investigating Commissioner recommended the revocation of respondent's Notarial Commission and her disqualification as notary public for two years, as well as a six-month suspension from the practice of law. The IBP Board of Governors modified the recommendation and suspended respondent from the practice of law for one year. Respondent filed two motions for reconsideration, which were both denied by the IBP Board of Governors.

PRINCIPLES:

• Violation of Canon 18 and Rule 18.03 of the Code of Professional Responsibility (regarding crafting of the real estate mortgage contract)

• Procedural requisites under Section 4, Rule VI of Adm. No. 02-08-13 SC (2004 Rules on Notarial Practice)