Case Digest (A.C. No. 4738)
Facts:
Violeta Flores Alitagtag v. Atty. Virgilio R. Garcia, Administrative Case No. 4738, June 10, 2003, the Supreme Court En Banc, Per Curiam. This resolution resolves respondent's motion for reconsideration of the Court's February 6, 2002 Resolution that had found him guilty of grave misconduct and ordered his disbarment.The complaint arose from the notarization by Atty. Virgilio R. Garcia of a deed of donation purportedly executed by Cesar Flores; Violeta Flores Alitagtag alleged that the donor’s signature on the deed was forged and that respondent either authored or conspired in the falsification. The questioned deed was notarized on September 19, 1991 (Exhibit G-1). Years later, respondent received a special power of attorney over the same property on November 7, 1996 (Exhibit I-2), which complainant cited as suspicious. Complainant also alleged respondent harassed the occupants of the property by asking Meralco to disconnect service and by posting security guards.
An investigation by the Integrated Bar of the Philippines (IBP) produced observations that there was no proof respondent knew the donor’s signature was falsified. A criminal complaint for falsification was filed with the Pasig city prosecutor, who found insufficient evidence to indict respondent. Civil Case No. 65883 for nullification of the deed resulted in a trial court decision that did not specifically find respondent culpable in the alleged falsification. Respondent admitted negligence in his duties as a notary, expressed remorse, and denied participating in any forgery.
The Supreme Court initially resolved (Feb. 6, 2002) to disbar respondent; he filed a motion for reconsideration, which the Court decided in this June 10, 2003 En Banc Resolution. The Court considered statutory provisions on notarial duties (Section 1 of ...(Subscriber-Only)
Issues:
- Did complainant prove by clear, convincing, and satisfactory evidence that respondent committed falsification of the deed of donation or participated in forging the donor’s signature?
- If respondent is guilty only of negligent notarization and related misconduct, is disbarment the appropriate penalty or should a le...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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