NBI AGENT TEODORICO F. LARA, COMPLAINANT, VS. PEDRO M. BARRETTO, RESPONDENT.

Investigating Agent Teodorico F. Lara of the National Bureau of
Investigation seeks the disbarment of Atty. Pedro M. Barretto. It is
alleged that the respondent committed falsification of a public
document.

The spouses Dionisio Arena and Restituta Arandela owned a parcel of
coconut land in Gumaca, Quezon. Dionisio died in 1975 and was survived
by his widow and seven children, namely: Florentina, Senen,
Emerenciana, Tiburcio, Lita, Rosa and Gaspar.

A power line of the National Power Corporation traversed the family
property, causing damage to coconut and other fruit trees. To collect
compensation from the National Power Corporation it was deemed expedient
to execute a power of attorney in favor of Tiburcio. Restituta, the
widow, and the children, except Florentina, signed the power of
attorney. Lita signed for Florentina because her mother needed money to
pay the debts incurred in connection with the burial of Dionisio.

Atty. Pedro M. Barretto was the notary public who formalized the power
of attorney. The specific complaint against him is that he stated in
the acknowledgment that Florentina personally appeared before him and
exhibited her residence certificate when in fact nothing of the sort
occurred.

It appeared that Florentina refused to sign the power of attorney
because she was estranged from her family. When she discovered that her
family had collected compensation through a power of attorney where her
signature was forged she complained to the NBI and the con­sequences
were a criminal complaint for falsification of public docu­ment against
Restituta, Lita and Atty. Barreto plus the instant disbar­ment complaint
against Atty. Barretto.

Atty. Barretto does not deny that Florentina did not appear before him.
In fact, he admits that only Gaspar and Senen personally appeared
before him; the other principals did not because for one thing Restituta
was sick and, moreover, the “fact that the instrument is a simple power
of attorney wherein the parties merely empowered Tiburcio Arena to
collect for them such amount that the National Power Corporation may pay
to them, without any of them waiving any right nor interest in the
amount that may be collected.”

The complaint for disbarment was referred to the Solicitor General for
investigation, report and recommendation. By agreement of the parties
who resided in Quezon, the Provincial Fiscal of that province was
commissioned to conduct the investigation. The Provincial Fiscal
reported in part as follows:

“Considering the close blood ties of the complainant and the
respondents, being mother and daughters, with the exception of Pedro M.
Barretto, the undersigned investigator, having in mind the pre­servation
of family solidarity, tried to effect a reconciliation among the
parties.

“After a protracted conference among the members of the
Arandela-Arena family, which was marked by emotional outbursts and
outpouring of years of accumulated grievances and recriminations, an
atmosphere of peace and reconciliation finally descended upon the
family.

“Florentina Arena de Empleo, the principal accuser, executed on 6
July 1978, a document affirming and confirming the contents of the
Special Power of Attorney and further requesting the Office of the
Provincial Fiscal of Quezon to allow her to withdraw her complaint
against Atty. Pedro M. Barretto, her mother Restituta Arandela, and her
sister Lita Arena. Because of lack of interest and hostility of the
complainant Florentina Arena de Empleo, the complaint for falsification
of public document was dismissed.

“Considering that no damage has been suffered by the complainant,
who had already validated the Special Power of Attorney by a document
confirming its contents, it is respectfully recommended that the
administrative complaint for disbarment against Atty. Pedro M. Barretto
be dismissed with an admonition that he should be more circumspect in
the performance of his duties as notary public in the future.”

The Solicitor General concurs with the recommendation of the Provincial Fiscal.

WHEREFORE, finding the recommendation to be well-taken, Atty. Pedro M.
Barretto is hereby reprimanded for acknowledging the special power of
attorney without the presence of all the signa­tories thereto and warned
that repetition of the same will be dealt with more severely.

SO ORDERED.

Makasiar, Aquino, Concepcion, Jr., Guerrero, De Castro, and Escolin, JJ., concur.