Lee vs Tambago, 544 SCRA 393, February 12,

2008
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Facts: Complainant, Manuel L. Lee, charged respondent, Atty.

Regino B. Tambago, with violation of Notarial Law and the Ethics of the
legal profession for notarizing a will that is alleged to be spurious in
nature in containing forged signatures of his father, the decedent,
Vicente Lee Sr. and two other witnesses, which were also questioned for
the unnotated Residence Certificates that are known to be a copy of their
respective voter's affidavit. In addition to such, the contested will was
executed and acknowledged before respondent on June 30, 1965 but
bears a Residence Certificate by the Testator dated January 5, 1962,
which was never submitted for filing to the Archives Division of the
Records Management and Archives Office of the National Commission
for Culture and Arts (NCAA). Respondent, on the other hand, claimed
that all allegations are falsely given because he allegedly exercised his
duties as Notary Public with due care and with due regards to the
provision of existing law and had complied with elementary formalities
in the performance of his duties and that the complaint was filed simply
to harass him based on the result of a criminal case against him in the
Ombudsman that did not prosper. However, he did not deny the
contention of non-filing a copy to the Archives Division of NCAA. In
resolution, the court referred the case to the IBP and the decision of
which was affirmed with modification against the respondent and in
favor of the complainant.

Issue: Did Atty. Regino B. Tambago committed a violation in

Notarial Law and the Ethics of Legal Profession for notarizing a spurious
last will and testament?

Held: Yes. As per Supreme Court, Atty. Regino B. Tambago is

guilty of professional misconduct as he violated the Lawyer's Oath, Rule

138 of the Rules of Court, Canon 1 and Rule 1.01nof the Code of
Professional Responsibility, Article 806 of the Civil Code and provision
of the Notarial Law. Thus, Atty. Tambago is suspended from the practice
of law for one year and his Notarial commission revoked. In addition,

because he has not lived up to the trustworthiness expected of him as a

notary public and as an officer of the court, he is perpetually disqualified
from reappointments as a Notary Public.

source:http://attykhunwareh.blogspot.com/2010/02/lee-vstambago-544-scra-393-february-12.html