A.C. No. 10249 - VIRGILIO C. RIGON, JR., COMPLAINANT, VS. ATTY. ERIC P. SUBIA.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly and will be held accountable for any misconduct or misbehavior, committed in violation of the Code of Professional Responsibility. [22] Furthermore, the case will still proceed despite the defect found in the SPA, wherein the persons who vested authority upon Virgilio, Jr. to institute the complaint were indicated as heirs of Cornelio instead of Placido. As provided for in Section 1, Rule 139-B of the Rules of Court, as amended: Section 1. How Instituted . - Proceedings for disbarment, suspension or discipline of attorneys may be taken by the Supreme Court motu propio , or by the Integrated Bar of the Philippines (IBP) upon the verified complaint of any person. The complaint shall state clearly and concisely the facts complained of and shall be supported by affidavits of persons having personal knowledge of the facts therein alleged and/or by such documents as may substantiate said facts. The IBP Board of Governors may, motu propio or upon referral by the Supreme Court or by a Chapter Board of Officers, or at the instance of any person, initiate and prosecute proper charges against erring attorneys including those in the government service; Provided, however , that all charges against Justices of the Court of Tax Appeals and the Sandiganbayan , and Judges of the Court of Tax Appeals and lower courts, even if lawyers are jointly charged with them, shall be filed with the Supreme Court; Provided, further , that charges filed against Justices and Judges before the IBP, including those filed prior to their appointment in the Judiciary, shall immediately be forwarded to the Supreme Court for disposition and adjudication. Six (6) copies of the verified complaint shall be filed with the Secretary of the IBP or the Secretary of any of its chapters who shall forthwith transmit the same to the IBP Board of Governors for assignment to an investigator. From the foregoing, the following must be present in the institution of disbarment and disciplinary proceedings of attorneys: (a) verified complaint of any person; (b) the complaint must state clearly and concisely the act complained of; (c) the complaint must be supported by affidavits of persons having personal knowledge of the facts therein alleged and/or by such documents as may substantiate said facts. In the present case, Virgilio, Jr., herein complainant, was able to comply with the needed requisites. A verified Affidavit Complaint was filed and attached thereto were: (1) a copy of the questioned subject Deed bearing the seal and signature of Atty. Subia; [23] (2) a certified true and correct copy of TCT No. T-99481; [24] (3) copies of Negative Certification of Death of Placido and Telesfora; [25] and (4) a copy of the Certification from the OCC of Cauayan, Isabela. [26] Now to the issue on whether the IBP correctly found Atty. Subia to have violated the Notarial Rules. After a judicious review of the records, the Court hereby affirms and adopts the recommendation of the IBP-CBD. Time and ti