A.C. No. 9717 - NOEMI M. DONATO, COMPLAINANT, VS. ATTY. ELMER A. DELA ROSA.

Ruling

WHEREFORE, premises considered, it is respectfully recommended that respondent Atty. Elmer A. Dela Rosa be SUSPENDED from the practice of law for three (3) months. It [is] also recommended that his incumbent commission as a notary public, if any[,] be REVOKED. It is further recommended that respondent be PROHIBITED from being commissioned as a notary public for three (3) months. He is WARNED that a repetition of the same offense or similar acts in the future shall be dealt with more severely. [34] Commissioner Labuguen found that based on the documents submitted by the parties, the 10-year prohibition against selling a land awarded under the CARP had already expired. [35] He gave credence to the notarized waiver signed by Donato in view of the presumption of regularity of notarized documents. [36] Commissioner Labuguen also observed that Donato failed to prove her allegations of forgery through clear, positive, and convincing evidence. [37] However, Commissioner Labuguen agreed that Atty. Dela Rosa failed to submit the notarized SPA in violation of the Notarial Rules. [38] In the Notice of Resolution, [39] it was stated that in its February 13, 2021 resolution, the IBP Board of Governors (IBP-Board) adopted with modification on the findings of fact and recommendation of Commissioner Labuguen, to wit: RESOLUTION NO. CBD-2021-03 CBD Case No. 15-4771 (Adm. Case No 9717) Noemi M. Donato vs. Atty. Elmer A. Dela Rosa RESOLVED to APPROVE and ADOPT, as it is hereby APPROVED and ADOPTED, the Report and Recommendation of the Investigating Commissioner in the above-entitled case, for being fully supported by the evidence on record and the applicable laws and rules, with modification on the recommended penalty from immediate revocation of notarial commission and disqualification from reappointment as notary public for three (3) months to (1) SUSPENSION of Atty. Elmer Dela Rosa from the practice of law for one (1) year ; (2) IMMEDIATE REVOCATION of his notarial commission, if presently subsisting ; and (3) DISQUALIFICATION from reappointment as notary public for two (2) years with stern Warning that repetition of the same or similar acts shall be dealt with more severely to conform with the standard penalty on violations of the notarial law . [40] (Emphasis in the original) Issue The issue for resolution of this Court is whether Atty. Dela Rosa should be held administratively liable. Ruling of the Court The subject lot is no longer covered by the prohibition on transferability Apart from the many alleged violations of Atty. Dela Rosa of the CPR, now the Code of Professional Responsibility and Accountability (CPRA), Donato likewise posits that Atty. Dela Rosa violated the Agrarian Reform Laws on transferability when he sold the subject lot to Biron in 2009. This does not persuade. At the outset, it bears emphasis that the DARAB has primary, original and appellate jurisdiction to resolve and adjudicate all agrarian disputes, cases, controversies, and matters