Tuesday 14 August, 2018
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SC disbars abogado for repeatedly snubbing orders to refute fake deed complaint

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The Supreme Court (SC) has disbarred abogado Jose Quesada Jr. for repeatedly ignoring its orders to refute allegations that he notarized a spurious deed of sale involving dead sellers.

In a recent 12-page en banc decision, the SC said Quesada’s disregard for its orders prolonged the case by five years.

The SC originally required Quesada to file a comment on the complaint of Romeo Zarcilla and Marita Bumanglag on June 26, 2006. It even granted Quesada’s request for extension of time on November 20, 2006.

But, Quesada still failed to submit his comment, prompting the SC to issue a show cause order on September 26, 2007. On June 16, 2008, it first imposed a P1,000 fine; two more orders were issued on February 16, 2009 and March 9, 2011 that escalated the fine to P3,000 to no avail.

Only after the SC issued a warrant of arrest on August 24, 2011 did Quesada surrender to the National Bureau of Investigation (NBI) on October 11, 2011 and finally submit his comment and paid the fines

The SC said Quesada was guilty of willful disobedience of its lawful orders and his actions showed “utter disrepect” and a “high degree of irresponsibility.”

Quesada did not even offer any apology or justification for his long delay in complying with the SC’s directives.

“While the Court has been tolerant of his obstinate refusal to comply with its directives, he shamelessly ignored the same and wasted the Court’s time and resources,” read the decision.

“His compliance was neither prompted by good faith or willingness to obey the Court nor was he remorseful of his infractions but was actually only forced to do so considering his impending arrest,” it added.

As for the issue of the spurious deed of sale, the SC found Quesada guilty of gross misconduct.

He was found to have notarized the April 12, 2002 document purportedly executed by Zarcilla’s parents Tarcela and Perfecto, despite them having died on January 9, 1988 and March 4, 2001.

Quesada even certified that he knew the sellers of the land and that they executed the document even as they turned out to have been dead already.

“Atty. Quesada’s act of notarizing the deed of sale appeared to have been done to perpetuate a fraud,” the decision read. “Atty. Quesada deliberately made false representations, and was not merely negligent.”

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