AC 6298; (May, 2004) (Digest)
G.R. No. A.C. No. 6298, May 27, 2004
Federico D. Ricafort, complainant, vs. Atty. Eddie R. Bansil, respondent.
FACTS
Complainant Federico D. Ricafort filed an administrative complaint against respondent Atty. Eddie R. Bansil for misconduct. Ricafort alleged that Bansil, a notary public for Guagua, Pampanga, repeatedly failed and refused to comply with requests to present his Notarial Book No. XV, Series of 2002, for verification of documents. The requests were made through the Clerk of Court, Atty. Jorge Bacani, and via a formal letter. Bansil did not respond to the letter and failed to present the notarial book.
In his Answer, Bansil claimed he did not refuse the request but was unable to comply because the notarial book was lost due to heavy flooding in July 2002. He contended he was willing to assist if shown the specific document needing verification. Complainant countered that the respondent’s certification about the flood pertained only to the town proper and not his residence, which was on higher ground, and argued that a notary public has a duty to safeguard such public documents.
ISSUE
Whether respondent Atty. Eddie R. Bansil is administratively liable for his failure to attend to the complainant’s request to examine his notarial book.
RULING
Yes, the Supreme Court found respondent administratively liable for unprofessional conduct. The Court emphasized that a lawyer’s duties extend to courteous and candid dealings with professional colleagues and the public. While the case originated from Bansil’s function as a notary public, his unjustified failure to heed the legitimate request or to properly inform the complainant and the Clerk of Court about the alleged loss of the notarial book forced the filing of this administrative case. This conduct wasted the time and resources of the complainant, the Integrated Bar of the Philippines, and the Court.
The Court noted that Bansil also failed to submit a required memorandum and effectively waived his right to a hearing. Although the IBP Board of Governors recommended a reprimand, the Court deemed a fine more appropriate given the circumstances. Respondent Atty. Eddie R. Bansil was found GUILTY OF UNPROFESSIONAL CONDUCT and FINED Five Thousand Pesos (₱5,000.00), with a warning that repetition of similar acts will be dealt with more severely.