Facts: Atty. Jumamil failed to file the necessary position paper before the National Labor Relations Commission (NLRC) which resulted into an adverse ruling against Samonte, his client, who then filed a disbarment compliant for acts unbecoming of a lawyer and betrayal of trust. On the other hand, Atty. Jumamil maintained that his omission was due to his client’s failure to adduce credible witnesses to testify in her favor. In the course of the proceedings, Atty. Jumamil admittedly prepared and notarized the affidavit of Samonte’s intended witness despite his belief that such was a perjured one.
Issue: Whether or not Atty. Jumamil should be held administratively liable.
Decision: Yes. Failure to produce any credible witness is not a valid justification to completely abandon his client’s cause. Also, notarization of a perjured affidavit constitutes a violation of the rules on notarial practice. Atty. Jumamil is ordered:
1. Suspended for one (1) year;
2. Revoked notarial commission;
3. Disqualified from being commissioned as a notary public for two (2) years;
4. Sternly warned that repetition would be dealt with more severely
Case Digest Author
Lenard L. Bautista
Arellano University School of Law