In the herein case, although complainant made it
appear that she has evidence to prove that there was anomaly in the notarization
of the subject documents, she failed to present the same. An attorney enjoys
the legal presumption that he is innocent of the charges preferred against him
until the contrary is proved and that as an officer of the court he has
performed his duties in accordance with his oath. The burden of proof rests upon the
complainant to overcome the presumption and establish his charges by a clear
preponderance of evidence (Rizalina
M. Gemina vs. Atty. Isidro Madamba, A.C. No. 6689, August 24, 2011, Brion, J.).
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