NOEMI M. DONATO VS. ATTY. ELMER A. DELA ROSA
- G.R. Number: A.C. No. 9717
- Promulgated: 2025-07-29
Doctrine
## Facts of the Case Noemi M. Donato, a member and original CARP beneficiary of Palalan CARP Farmers Multi-Purpose Cooperative, filed a disbarment complaint against Atty. Elmer A. Dela Rosa. Donato alleged that Atty. Dela Rosa, previously the cooperative's legal counsel, induced her to waive her rights over a 111.41-hectare lot in his favor for PHP 30.00 per square meter. Although Donato accepted a partial payment of PHP 218,785.00, Atty. Dela Rosa allegedly failed to pay the remaining balance despite selling the lot to Diana G. Biron for PHP 30,000,000.00 on August 7, 2009. Donato claimed this sale was illegal under the CARP Law's 10-year transferability prohibition. She also asserted that Atty. Dela Rosa violated Notarial Rules and committed forgery by notarizing a Special Power of Attorney (SPA) purportedly executed by cooperative members, including herself and her daughter, which she denied attending or signing, and which was not included in his notarial reports. Atty. Dela Rosa countered that the 10-year prohibition had expired in 2002, citing a DARAB decision, and that the sale to Biron was outside the prohibitory period. He argued Donato voluntarily waived her rights with legal assistance and that the partial payment came from the cooperative's account, not his personal check. Donato clarified that TCT No. 929, covering the lot, was issued on December 18, 2008, placing the sale within the prohibitory period, and reiterated the SPA was fraudulently notarized. The IBP Commissioner found the 10-year prohibition had expired and credited the waiver due to presumption of regularity, while noting Donato's failure to prove forgery. However, the Commissioner found Atty. Dela Rosa violated Notarial Rules by failing to submit the notarized SPA. The IBP Board of Governors adopted these findings with modifications to the recommended penalty. The Supreme Court noted Atty. Dela Rosa's prior disbarment in **Palalan CARP Farmers Multi-Purpose Coop v. Atty. Dela Rosa** for gross misconduct involving conflict of interest regarding the same land. He was also disciplined in **Jumalon v. Dela Rosa** for misbehavior and in **Mamugay v. Dela Rosa** for dishonest notarial practice, both involving the same land dispute, leading to fines and declarations of ineligibility for judicial clemency or permanent disqualification as a notary public, respectively. The Court highlighted that this is the fifth disbarment complaint against Atty. Dela Rosa. ## Issues 1. Did Atty. Dela Rosa violate agrarian reform laws on land transferability? 2. Should Atty. Dela Rosa be held administratively liable for his alleged violations of the Code of Professional Responsibility (CPR) and 2004 Rules on Notarial Practice (Notarial Rules)? ## Decision / Rationale **Issue 1:** The Court ruled that the **subject lot was no longer covered by the prohibition on transferability**. * The DARAB, as the primary agency with jurisdiction over CARP implementation, found that the 10-year prohibitory period should be reckoned from September 8, 1992, when the land was awarded to the cooperative, and not from December 18, 2008, when a new title was issued. * Therefore, when the subject lot was sold on August 7, 2009, it was outside the 10-year prohibition under Section 27 of the CARP Law. The Court accorded great weight to the factual findings of the DARAB. **Issue 2:** The Court ruled to **dismiss the instant case for disbarment against Atty. Dela Rosa on the ground of res judicata**. * The Court took judicial notice that Atty. Dela Rosa had previously been found guilty of violating the CPR multiple times. He was suspended in **Spouses Concepcion v. Atty. Dela Rosa**, disbarred in **Palalan CARP Farmers**, fined and declared ineligible for judicial clemency in **Jumalon**, and fined, permanently disqualified as a notary public, and re-disbarred for record purposes in **Mamugay**, all stemming from his conduct concerning the same parcel of land. * The Court found that all elements of…
Keywords
Section 27 CARP Law, Canon 16 Code of Professional Responsibility, Rule 16.01 Code of Professional Responsibility, Rule 16.02 Code of Professional Responsibility, Canon 17 Code of Professional Responsibility, Rule VI Section 2(h) 2004 Rules on Notarial Practice, Res Judicata, Doctrine of judicial clemency, Presumption of regularity of notarized documents, Administrative case against lawyer, Disbarment, Legal ethics, Notarial practice violation, Agrarian law implementation, Gross Misconduct, Conflict of Interest, Fiduciary Duties, Lack of Fiduciary Duty, Substantial Identity of Parties, Cause of Action