ALITAGTAG VS GARCIA AC No.

4738, 10 June 2003 Facts: This pertains to the MR based on the resolution of the Supreme Court ordering the disbarment of Atty Virgilio Garcia ,finding him guilty of grave misconduct rendering him unworthy of continuing membership in the legal profession. Atty. Garcia denies authorship and participation in the falsification of a Deed of Donation but admits his negligence and expresses remorse for his failure to diligently perform his duties as notary public. Based on the review of records, there is no clear and convincing proof that he is the author of the forged signature of the donor or that he have participated in the conspiracy thereto. Worthy to note that the Deed of Donation was already when personally handed to him by Cesar Flores Sr. He now pleads for compassion and mercy asking for the Court to be more lenient in imposing penalty for the infractions he committed.

Issue: May the penalty imposed to the respondent be reduced? Held: Yes. The power to disbar must be exercised with great caution, and may be imposed only in clear case of misconduct that seriously affects the standing and the character of the lawyer as an officer of the court and as a member of the bar. Disbarment should never be decreed where any lesser penalty could accomplish the end desired. Based on the foregoing facts, the Court is convinces to reconsider the penalty imposed on the respondent. He even admitted his negligence, and made a plea for compassion. The MR is granted. Respondent is reinstated as member of the Bar but suspended from the practice of law and as notary public for 3 years.