Legal & Judicial Ethics, 2011 Bar — Question 8

MULTIPLE CHOICE

Raul sought Ely's disbarment for notarizing a deed of sale knowing that four of the sellers were dead. Ely admitted that he notarized the deed of sale but only after his client assured him that the signatures of the others were authentic. Later, Raul moved to have the complaint against him dismissed on the ground that it was filed because of a misunderstanding which had already been clarified. This prompted the IBP to recommend the dismissal of the complaint. Can the dismissal be allowed? (A) No, unless the complainant executes an affidavit of desistance. (B) Yes, since no compelling reason remained to continue with it. (C) Yes, but recall Ely's notarial commission since the charge against him seems meritorious. (D) No, given Ely's admission that he notarized the document when some signatories were absent.

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