Linco V Lacebal
Linco V Lacebal
Linco V Lacebal
JIMMY LACEBAL
A.C. No. 7241 October 17, 2011
FACTS:
An administrative Complaint was filed by Atty. Florita S. Linco (complainant) before
the Integrated Bar of the Philippines (IBP) against Atty. Jimmy D. Lacebal for
disciplinary action for his failure to perform his duty as a notary public, which resulted
in the violation of their rights over their property.
Complainant is the widow of the late Atty. Alberto Linco (Atty. Linco), the registered
owner of a parcel of land with improvements in Cainta.
Complainant alleged that Atty. Jimmy D. Lacebal (respondent), a notary public for
Mandaluyong City, notarized a deed of donation allegedly executed by her husband
in favor of Alexander David T. Linco, a minor.
Petitioner claims that respondent's reprehensible act in connivance with Toledo was
violative of her and her children's rights but also in violation of the notarial law. The notarial
acknowledgment stated that Atty. Linco and Lina P. Toledo (Toledo), mother of the donee,
allegedly personally appeared before respondent on July 30, 2003, despite the fact that
complainants husband died on July 29, 2003. Respondent's lack of honesty and candor is
unbecoming of a member of the Philippine Bar.
The IBP-Commission on Bar Discipline (IBP-CBD) found respondent guilty of violating the
Notarial Law and the Code of Professional Responsibility. The IBP-CBD, thus,
recommended that respondent be suspended from the practice of law for a period of one (1)
year, and that his notarial commission be revoked and he be disqualified from re-
appointment as notary public for a period of two (2) years.
The IBP-Board of Governors adopted and approved the report and recommendation of the
IBP-CBD.
HELD: Yes, respondent made a false statement and violated Rule 10.01 of the Code of
Professional Responsibility and his oath as a lawyer.
As a rule, a lawyer engaged in notary public should not notarize a document unless the
persons who signed the same are the very same persons who executed and personally
appeared before him to attest to the contents and truth of what are stated therein.
It is established that Atty. Linco was already dead when respondent notarized the deed of
donation on July 30, 2003. Respondent likewise admitted that he knew that Atty. Linco died
a day before he notarized the deed of donation. Respondent notarized the document after
the lapse of more than 20 days from July 8, 2003, when he was allegedly asked to notarize
the deed of donation. The sufficient lapse of time from the time he last saw Atty. Linco
should have put him on guard and deterred him from proceeding with the notarization of the
deed of donation.
For breach of the Notarial Law and Code of Professional Responsibility, the notarial
commission of respondent ATTY. JIMMY D. LACEBAL, is REVOKED. And he is
DISQUALIFIED from reappointment as Notary Public for a period of two years. He is also
SUSPENDED from the practice of law for a period of one year.