TL;DR — Ruling
WHEREFORE, IN VIEW OF THE FOREGOING , the Court SUSPENDS Atty. Danilo C. Emelo from the practice of law for a period of two (2) years, REVOKES his notarial commission, if presently commissioned, and P ERPETUALLY DISQUALIFIES him from being commissioned as a notary public. The Court further WARNS him that a repetition of the same or similar offense shall be dealt with more severely.
accordingly exercise the required degree of diligence in handling their affairs. The lawyer is expected to maintain, at all times, a high standard of legal proficiency, and to devote his full attention, skill, and competence to his work. To this end, he is enjoined to employ only fair and honest means to attain lawful objectives. [8] Emelo's failure to fulfill this basic undertaking constitutes a violation of his duty to observe fairness and honesty in all his dealings and transactions. Indubitably, he fell short of the demands required of him as a faithful member of the bar. His inability to properly discharge said duty makes him answerable, not just to the private complainant, but also to the Court, to the legal profession, and to the general public. Considering the crucial importance of his role in the administration of justice, his misconduct certainly diminished the confidence of the public in the integrity and dignity of the legal profession. [9] In the recent case of De Jesus v. Atty. Sanchez-Malit, [10] the respondent-lawyer notarized twenty-two (22) public documents even without the signatures of the parties on those documents. The Court suspended the lawyer from the practice of law for one (1) year and perpetually disqualified her from being a notary public. In Anudon v. Atty. Arturo B. Cefra , [11] wherein the lawyer notarized a Deed of Absolute Sale without requiring the presence of the affiants, the Court suspended the respondent-lawyer from the practice of law for two (2) years and likewise perpetually disqualified him from being commissioned as a notary public. Therefore, pursuant to the aforecited principles, the Court finds Emelo guilty of violating the pertinent Canons of the CPR, for which he must necessarily be held administratively liable. WHEREFORE, IN VIEW OF THE FOREGOING , the Court SUSPENDS Atty. Danilo C. Emelo from the practice of law for a period of two (2) years, REVOKES his notarial commission, if presently commissioned, and P ERPETUALLY DISQUALIFIES him from being commissioned as a notary public. The Court further WARNS him that a repetition of the same or similar offense shall be dealt with more severely. Let copies of this decision be included in the personal records of Atty. Danilo C. Emelo and entered in his file in the Office of the Bar Confidant. Let copies of this Decision be disseminated to all lower courts by the Office of the Court Administrator, as well as to the Integrated Bar of the Philippines, for their information and guidance. SO ORDERED.
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