CASTELO v. ATTY. CHING

Orlando S. Castelo, et al. Vs. Atty. Ronald Segundino C. Ching

A.C. No. 11165

February 6, 2017

FACTS:

Orlando Castello, et al received summons from Metropolitan Trial Court, Branch 22 for an ejectment case filed against them by Leonida Delen and Spouses Nestor and Jesiebel Delen alleged owner of the residence of the Castellos. Upon verifying, the Castellos discovered that the property in contention was actually named previously from Castello heirs parents but was cancelled in favor of the Delens by virtue of a Deed of Absolute Sale. Irregularities were present in the execution and authorization of the Deed of Absolute Sale. With their discovery, the Castello heirs filed with IBP an administrative case against Atty. Ching on the lawyer’s gross negligence in notarizing the Deed. After due proceedings, Commissioner Eduardo Robles rendered a report and recommendation finding Atty. CHing guilty of gross negligence in notarizing the Deed. The IBP on the other hand adopted and approved the recommendation with modification.

ISSUE:

Whether or not Atty. Ching was guilty of gross negligence in notarizing the Deed.

RULING:

The Supreme Court affirmed Commissioner Robles’ observation. Giving Atty. Ching the benefit of the doubt, the court cannot skip to notice the fact that Atty. Ching still failed in insuring the necessary requirements as regards those which were supposed to be entered in the notarial books. This also meant that Atty. Ching failed to secure properly his instruments, so that persons would not have opportunity to forge notarizing documents with his signature affixed therein. With there facts taken into considerations, the SC found Atty. Ching guilty of gross negligence in notarizing Deed.