G.R. No. A.C. No. 6909; June 30, 2008
LUZ VECINO, complainant, vs. ATTY. GERVACIO B. ORTIZ, JR., respondent.

FACTS

Complainant Luz Vecino charged Atty. Gervacio B. Ortiz, Jr. with notarizing a Deed of Sale despite knowing one of the purported vendors, Manolito C. Espino, was already deceased. Atty. Ortiz denied involvement, asserting his signature on the document was forged, as it lacked his notarial seal and proper acknowledgment details, and differed from his specimen signatures. The case was referred to the Integrated Bar of the Philippines (IBP) for investigation. During proceedings, Vecino initially moved to withdraw the complaint, and a compromise agreement was presented but not signed by Atty. Ortiz due to his reservations. The parties subsequently failed to reach a settlement and both neglected to submit their required verified position papers as directed by the IBP Commissioner.

ISSUE

Whether Atty. Gervacio B. Ortiz, Jr. should be held administratively liable for the alleged notarization of a deed involving a deceased person and for his conduct during the IBP investigation.

RULING

The Supreme Court dismissed the administrative complaint for lack of evidence. The Court found no substantiation for the claim that Atty. Ortiz notarized the contested Deed of Sale. It refrained from making a definitive finding on the alleged forgery due to a pending criminal case for falsification involving the same document. However, the Court held Atty. Ortiz administratively liable for his failure to comply with the IBP’s lawful order to submit his position paper. As a member of the IBP and given its role as the Court-designated investigator, he had a duty to obey its directives. The Court modified the IBP’s recommended penalty, rejecting the proposed one-month suspension of his notarial commission for failing to file a disclaimer, as no such requirement exists. Instead, Atty. Ortiz was admonished for his non-compliance with the IBP order and warned that a repetition would be met with a more severe penalty.