G.R. No. ADM. CASE No. 4495; October 8, 2008
ANTONIO DE ZUZUARREGUI, JR., complainant, vs. ATTY. APOLONIA A. C. SOGUILON, Respondent.

FACTS

Complainant Antonio de Zuzuarregui, Jr. filed an administrative case for disbarment against respondent Atty. Apolonia A.C. Soguilon, accusing her of misconduct, concealment of truth, and misleading the court. The charges arose from respondent’s role as counsel for the petitioner in LRC No. Q-7195 (95), a petition for reconstitution of title before the Regional Trial Court (RTC) of Quezon City, Branch 93. Complainant alleged that respondent introduced as evidence a certified copy of the technical description (Exhibit “F”) and a sketch plan (Exhibit “G”) issued by the Land Management Services, both containing notations indicating they were not valid for land titling and for reference purposes only. Respondent failed to call the court’s attention to these notations. Complainant further charged respondent with fraud for: (1) failing to state the names and addresses of occupants or persons in possession of the property as required by Republic Act No. 26; (2) falsely manifesting compliance with Land Registration Authority (LRA) requirements; and (3) relying on a certification from the Deputy Register of Deeds of Rizal Province that indicated the title sought to be reconstituted (TCT No. 17730) was missing as of September 1981, with no basis to claim it belonged to Gregorio Agabao. Respondent denied the charges, asserting she submitted the documents without alteration, relied on her client’s information, submitted certified copies to the LRA, and had no involvement in preparing the Deputy Register of Deeds’ certification. The case was referred to the Integrated Bar of the Philippines (IBP), which, after investigation, recommended dismissal due to lack of proof of malice or intentional deceit. The IBP Board of Governors dismissed the complaint. Complainant later petitioned for reinstatement based on appellate court decisions that set aside the reconstitution order.

ISSUE

Whether respondent Atty. Apolonia A.C. Soguilon should be disbarred or administratively sanctioned for allegedly misleading the court, concealing material notations in documents, omitting required notices under the law, and fraudulently claiming compliance with LRA requirements.

RULING

The Supreme Court denied the petition for review and affirmed the IBP Resolution dismissing the administrative complaint. The Court held that complainant failed to present clear preponderant evidence to prove respondent’s guilt. Regarding the notations on Exhibits “F” and “G,” the Court found no proof of intent to mislead, as the notations were not hidden or manipulated. As to the omission of persons entitled to notice under R.A. No. 26, respondent relied on her client’s representations and included names of adjoining landowners in the petition. On the claim of fraudulent compliance with LRA requirements, respondent was not sufficiently informed that her compliance was improper. The Court characterized respondent’s lapses as honest mistakes or errors without malice, not amounting to professional incompetence or deceit. The prejudice caused was rectified when a different judge set aside the reconstitution order. Citing Mendoza v. Mercado, the Court emphasized that an attorney is not liable for honest mistakes or errors. Thus, the complaint was dismissed for lack of merit.