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SUSAN BASIYO v. ATTY. JOSELITO C. ALISUAG

FACTS:

Complainants Susan Basiyo and Andrew William Simmons filed a complaint against respondent Atty. Joselito C. Alisuag for alleged deceit, falsification, and malpractice. Basiyo and Simmons owned a pension house called "Rose Place" and were looking for a larger property. They met Alisuag, who recommended a lot in Bacungan. Alisuag informed them that the vendors, Rogelio Garcia and Rosalina Talorong, had the right to sell the property even though it was registered under Alejandro Castillo's name. On January 12, 2008, Alisuag prepared and notarized a Deed of Absolute Sale covering the subject property, with Basiyo as the vendee. Complainants gave Alisuag various amounts for taxes and fees, as well as additional payments for an environmental impact study and a wildlife permit. However, they were not able to acquire the title to the property, were charged with a criminal case by Trinidad Ganzon, and discovered inconsistencies in the documents prepared by Alisuag. Complainants consulted a new lawyer and filed a complaint against Alisuag. In his defense, Alisuag denied the accusations and claimed that he was not part of the brokers who convinced the complainants to purchase the property. The Commission on Bar Discipline of the Integrated Bar of the Philippines initially recommended the dismissal of the complaint, but the IBP Board of Governors reversed the decision and found Alisuag guilty of deceit and falsification, ordering his suspension from the practice of law for two years.

ISSUES:

  1. Whether or not Atty. Joselito Alisuag is guilty of deceit and falsification.

  2. Whether or not Atty. Joselito Alisuag should be suspended from the practice of law for two (2) years.

RULING:

  1. The Supreme Court affirmed the resolution of the IBP Board of Governors and found Atty. Joselito Alisuag guilty of deceit and falsification. He was suspended from the practice of law for two (2) years.

PRINCIPLES:

  • Lawyers have a duty to perform their duties with honesty, integrity, and fidelity to their clients. (Code of Professional Responsibility)

  • Notarizing a document without proper verification and investigation may constitute deceit and falsification.