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ATTY. FERDINAND S. AGUSTIN v. ATTY. DOMINGO C. LAENO

FACTS:

Atty. Domingo C. Laeno, Atty. Romeo R. Robiso, and Atty. Reginaldo D. Bergado were the respondents in a complaint for disbarment. The complaint arose from an agreement to sell a house and lot registered under E.M. Laeno and Associates for P6,500,000.00, where the mother of complainant Atty. Ferdinand S. Agustin, Marcelina Agustin, was represented by her daughter Perpetua. After the property was transferred to Marcelina, Perpetua entered into a rental agreement with Atty. Laeno. However, Atty. Laeno started to miss rental payments and refused to vacate the premises. It was discovered that the sale of the property was covered by two Deeds of Absolute Sale executed and signed by Atty. Laeno, and both were notarized by Atty. Bergado. These two documents did not reflect the true consideration of the property and were believed to be done to avoid payment of proper taxes. Atty. Laeno denied dealing with Marcelina and recognized only Perpetua as the owner of the subject property. Atty. Laeno also claimed that there was an unpaid balance of P1,500,000.00, making it appear that Perpetua's loan with Atty. Laeno's wife was connected to the consideration of the sale. Atty. Bergado also caused several annotations on Marcelina's property even though she was never a party to the case. The Investigating Commissioner in the Integrated Bar of the Philippines (IBP) found Atty. Laeno guilty of misconduct and Atty. Bergado guilty of notarial law violations. The IBP-Board of Governors affirmed these findings and suspended Atty. Laeno for two years and revoked Atty. Bergado's notarial commission. The Supreme Court modified the penalty for Atty. Laeno, increasing it to five years, and dismissed the case against Atty. Robiso. Atty. Bergado was found to be deceased.

ISSUES:

  1. Whether Atty. Domingo C. Laeno should be suspended from the practice of law for his misconduct in executing two deeds of sale that cover one property with an undervalued consideration and offering a bogus deed as evidence before the Court.

  2. Whether Atty. Reginaldo D. Bergado's notarial commission should be revoked and if he should be disqualified from reappointment as Notary Public for two years.

RULING:

  1. Atty. Domingo C. Laeno is suspended from the practice of law for five years. His acts of executing two deeds of sale that cover one property, indicating an undervalued consideration, and offering a bogus deed as evidence before the Court are in violation of Canons 1, 7, 10, and 12 of the Code of Professional Responsibility. His resort to several suits to avoid eviction or delay in an unfavorable judgment in an ejectment suit is also contrary to Canon 12.

  2. Atty. Reginaldo D. Bergado's notarial commission is revoked immediately if presently commissioned, and he is disqualified from reappointment as Notary Public for two years.

PRINCIPLES:

  • A lawyer shall uphold the constitution, obey the laws of the land, and promote respect for law and legal processes (Canon 1).

  • A lawyer shall at all times uphold the integrity and dignity of the legal profession (Canon 7).

  • A lawyer owes candor, fairness, and good faith to the court (Canon 10).

  • A lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient administration of justice (Canon 12).