In re Aponte

79 P.R. 3
CourtSupreme Court of Puerto Rico
DecidedMarch 14, 1956
DocketNos. 87, 88, 89 and 90
StatusPublished

This text of 79 P.R. 3 (In re Aponte) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Aponte, 79 P.R. 3 (prsupreme 1956).

Opinions

Per Curiam.

In compliance with our orders of November 4, 1955, the Fiscal of this Court filed separate disbarment proceedings against the attorneys at law and notaries Faustino R. Aponte, Rafael Dávila Ortiz, Adolfo Santiago Rivera and José N. Dapena Laguna. We shall immediately make a brief statement of the facts charged by the Fiscal in each one of the complaints filed as well as of respondents’ answers.

In the complaint filed against Faustino R. Aponte, the Fiscal alleges that on January 26, 1950, this respondent willfully and knowingly violated the provisions of the “Act to Establish a Registry of Affidavits or Declarations Executed before Notaries and other Officers” by authorizing affidavit No. 33, allegedly executed by Francisco Arroyo, José Mar-tínez and Ricardo R. Pérez; and in certifying that the executing parties were known to him personally and that the first two as sureties and the other as principal personally subscribed before him the proper document, when actually the sureties were not present and he did not see them sign, nor did he know Francisco Arroyo personally and the latter’s signature was in fact forged; and that by means of that affidavit the executing parties subscribed, as principals, a promissory note for the sum of $1,700 plus interest at 6 per cent per annum in favor of the Savings and Loan Fund Association of the Employees of the Insular Government,1 which Association, relying on respondent’s notarial certificate and signature, lent the specified sum to Ricardo R. Pérez.

In his original answer the respondent admits the facts alleged in the complaint and contends that nobody was prejudiced since the principal debtor paid the obligation; that in committing such notarial irregularities, which he admits, there was no fraud or bad faith or profit of any [5]*5.kind; and that according to his information the same person who induced him to fail in his notarial duty also did .so with three other colleagues.

In a complementary answer the respondent contends that although the surety, José Martínez, did not subscribe before Mm the document in question, he had personal knowledge of the surety’s signature because of his long-time friendship with Mr. Martínez and, furthermore, that Martinez’ signature to the note was authentic; that in connection with Francisco Arroyo’s signature he was induced to certify it as authentic by the principal of the obligation, Ricardo R. Pérez, who for many years had been a member of the Insular Police and whom he had known for a long time; that the obligation was paid at or before its maturity by the principal debtor, no person being prejudiced thereby; that he authorized the affidavit without receiving compensation, in good faith, and relying on the representations of his friend, policeman Pérez; that since his admission to the bar and the notarial practice (September 17, 1934, and February 8, 1937, respectively) he has devoted himself to the active practice of these professions and has always observed an irreproachable conduct; and that even admitting that his act involved a violation of the postulate of the notarial oath he acted in good faith and without the intention of deriving profit.

In the complaint filed against Rafael Davila Ortiz the Fiscal alleges that on August 23, 1954, and in Yabucoa this respondent violated “his notarial oath, by authorizing affidavit No. 22,917 of his . . . Registry of Affidavits, executed by Francisco Arroyo, José Martínez and Ricardo R. Pérez and certifying that he personally knew these executing parties and that the first two as sureties and the other as principal personally subscribed before him . . . the proper document when actually the surety, Francisco Arroyo, was not present at the time the document was subscribed, it not [6]*6being personally known to respondent-, therefore, and by the act of signing in his presence, that Francisco Arroyo’s signature was authentic”; that by means of the affidavit the executing parties subscribed a promissory note as principals-for the sum of $1,925, plus interest at 6 per cent per annum in favor of the Employees’ Association, which Association, relying on the notarial certificate and signature of the respondent and on the obligation assumed by the presumptive executing parties, lent the sum of $1,925 to Ricardo R. Pérez.

The respondent Dávila Ortiz in his answer admits having-authorized the affidavit in question and having certified that he knew the executing parties, as well as that in the act. of subscribing the document the surety, Francisco Arroyo, was not present, but he denied that it was not personally known to him that Arroyo’s signature was authentic. In connection with that paragraph of the complaint the-respondent affirmatively alleges that since December 12 and 19, 1924, when he was admitted to the bar and the notarial practice, respectively, he has continuously devoted himself to the practice of his profession as attorney and notary public in this Island, having observed, during all that time,, an irreproachable personal and professional conduct which has won him the respect and trust of the community, of his. colleagues, and of the judges before whom he has postulated; that since then he has executed 6,161 public deeds and 24,198 affidavits; that Francisco Arroyo, subscriber of the document in question, has been his friend and client since 1925, he having represented him during that period in several criminal and civil causes, and having authorized as notary a series of documents, which he mentions, in which the surety, Arroyo, appears as a party; that during the year 1941 and for the term of 30 days he was acting municipal judge of the judicial district of Yabucoa and Maunabo and that during that time Francisco Arroyo subscribed before [7]*7Mm several bonds for the provisional liberty of defendants in criminal prosecutions; that, by reason of his friendship with Arroyo and their relation as attorney and client, he has .seen the latter sign other documents on many occasions; that based on these facts on August 23, 1954, he was in a position to recognize the signature of Francisco Arroyo; that Ricardo R. Pérez was a policeman serving first in Maunabo and later in Yabucoa from the beginning of 1938 until the middle of 1941; he knew him well because of his legal practice in those towns; that on August 23, 1954, Pérez, who had been promoted to corporal and was serving in Villalba or Juana Diaz, came to respondent’s office asking him to authorize the document in question, accompanied by the other subscribing party, José Martínez, also his friend and ■client for over thirty years; that respondent asked corporal Pérez to bring Francisco Arroyo to his office to sign the document before him and immediately Pérez left for Mau-nabo to fetch Arroyo; that Pérez returned with the document signed by Arroyo and informed him that the latter was unable to come to Yabucoa but that he could be sure that the document had been signed by Arroyo; that at first he refused to authorize the document, but prompted by Pérez’ insistence and by his alleged urgency for returning to Villalba or Juana Diaz, and by the fact that he personally knew Francisco Arroyo, he agreed to authorize the document, which he did after carefully comparing Arroyo’s signature with his signature appearing in other public documents executed by Arroyo and filed in respondent’s Registry.

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79 P.R. 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-aponte-prsupreme-1956.