A.C. No. 1947, August 12, 1987
Pablo V. Julian and Irene Basilio-Julian, complainants, vs. Attys. Ameurfina Respicio-Salenda and Belen E. Tuy, respondents.

FACTS

Complainants, the Julian spouses, engaged in a transaction to sell a parcel of land to Alpha Motor Sales & Services, Inc., represented by respondent Atty. Belen E. Tuy. On December 19, 1976, Atty. Tuy prepared a Deed of Absolute Sale at the complainants’ residence, which was left blank as to the purchase price. The complainants, hesitant to sign, consulted their lawyer, respondent Atty. Ameurfina Respicio-Salenda. Atty. Respicio-Salenda assured them it was acceptable to sign despite the blank consideration, and she notarized the document. Subsequently, the amount of P18,000 was typewritten into the blank space, contrary to the complainants’ claim of a P36,000 agreement. The complainants later discovered their title had been taken.
The Julian spouses, represented by Atty. Respicio-Salenda, filed a civil case for reformation of the deed but lost. They then filed this disbarment complaint, alleging deceit and malpractice against both respondents. They accused Atty. Tuy of fraudulent insertion of the purchase price and Atty. Respicio-Salenda of negligence in notarizing an incomplete document, failing to testify effectively in the civil case, and soliciting money allegedly for bribing the judge.

ISSUE

Whether respondents Attys. Ameurfina Respicio-Salenda and Belen E. Tuy should be administratively disciplined based on the allegations in the complaint.

RULING

The Court dismissed the complaint against Atty. Respicio-Salenda but found her administratively liable for negligence as a notary public and suspended Atty. Tuy from the practice of law for failure to file an answer. Regarding Atty. Respicio-Salenda, the charges of deceit, malpractice, and bribery were unsubstantiated. The record showed her legal services in the civil case were not deficient merely because she filed only two pleadings, and the money received from clients was for legitimate professional fees and litigation expenses, with no credible evidence presented to prove the bribery allegations.
However, the Court held Atty. Respicio-Salenda negligent in her notarial duty. By notarizing the Deed of Absolute Sale while the crucial purchase price was blank, she failed to ensure the document’s completeness before authentication, even if she had explained its contents to her clients. This negligence warranted a reprimand with a warning. For Atty. Tuy, her failure to file an answer to the disbarment complaint despite several extensions constituted contemptuous disregard for the Court’s lawful orders, meriting suspension from the practice of law until further orders.