Case Digest (A.C. No. 12408)
Facts:
The case involves Venson R. Ang (complainant) against Atty. Salvador B. Belaro, Jr. (respondent), with the decision rendered on December 11, 2019, by the Second Division of the Supreme Court of the Philippines. The complainant, Venson, sought the disbarment of Atty. Belaro for alleged violations of the 2004 Rules on Notarial Practice and the Code of Professional Responsibility. The factual background reveals that the late Peregrina Dela Rosa owned a parcel of land in San Francisco del Monte, Quezon City, covered by Transfer Certificate of Title No. 52899. In 1982, Peregrina appointed Venson as the administrator of the property. Following her death on November 24, 2002, the property was inherited by Venson and his siblings, who never partitioned the property. On March 6, 2015, they discovered that Peregrina's title had been canceled due to an Extrajudicial Settlement of Estate Among Heirs, allegedly executed on March 26, 2014, and notarized by Atty. Belaro. Venson and his ...
Case Digest (A.C. No. 12408)
Facts:
Subject Property and Administratorship:
Peregrina Dela Rosa owned a parcel of land in Quezon City covered by Transfer Certificate of Title No. 52899. In 1982, she appointed complainant Venson R. Ang (Venson) as the administrator of the property. Upon her death in 2002, the property was inherited by Venson and his siblings: Virginia Ang Ting, Venhart Dela Rosa Ang, Villy Ang Teng Him Buenaventura (Villy), and Vermont Dela Rosa Ang (Vermont). The property was never partitioned among the siblings.Discovery of Irregular Documents:
On March 6, 2015, Venson and his siblings discovered that the title to the property had been canceled based on an Extrajudicial Settlement of Estate Among Heirs with Waiver of Rights (Extrajudicial Settlement) purportedly executed on March 26, 2014, and notarized by respondent Atty. Salvador B. Belaro, Jr. (Atty. Belaro). They also found two other versions of this document submitted to MERALCO and the Office of the Clerk of Court, Regional Trial Court (RTC) of Quezon City, both notarized by Atty. Belaro.Irregularities in the Documents:
- Virginia's name was misspelled as "Verginia Rosa Ang-Ting."
- Villy’s husband was not stated, and Villy was included as a signatory despite her death in 2012.
- The Extrajudicial Settlement was allegedly executed in March 2014, but the property remained in Peregrina’s name as of July 2014.
- Only the LRA’s version included Peregrina’s date of death and publication details.
- The MERALCO version had no witnesses, the LRA version had two unknown witnesses, and the RTC version had Ma. Shiela Dioneda, allegedly Atty. Belaro’s secretary, as a witness.
Additional Notarized Documents:
Atty. Belaro also notarized a Deed of Absolute Sale dated December 16, 2014, and an Acknowledgment Receipt of P5,000,000.00 payment for the sale, both allegedly involving Vermont and Rowena Ang.Complaint Filed:
Venson filed a complaint against Atty. Belaro, alleging violations of the 2004 Rules on Notarial Practice and the Code of Professional Responsibility (CPR).
Issue:
- Whether the IBP violated Atty. Belaro’s right to due process.
- Whether the findings and recommendations of the IBP were proper.
- Whether Atty. Belaro’s election as a member of the House of Representatives mooted the imposition of the penalty.
Ruling:
No Violation of Due Process:
The Court found that Atty. Belaro was given ample opportunity to defend himself. He filed a Motion for Reinvestigation, an Answer, and a Motion for Reconsideration, all of which were considered. The minimum requirements of administrative due process were met.Liability for Violations:
- The signatures of Atty. Belaro in the Extrajudicial Settlement were forged, but his notarial seal was used, indicating negligence in securing it.
- The signatures in the Deed of Absolute Sale and Acknowledgment Receipt were also forged, but Atty. Belaro’s negligence in maintaining his notarial register and seal constituted a violation.
- Atty. Belaro failed to ensure the integrity of the notarized documents, violating the 2004 Rules on Notarial Practice and the CPR.
Appropriate Penalty:
- Atty. Belaro was suspended from the practice of law for six months.
- His notarial commission, if any, was revoked.
- He was disqualified from reappointment as a notary public for two years.
Desistance and Election Do Not Warrant Dismissal:
The Affidavit of Desistance filed by Venson and Atty. Belaro’s election to the House of Representatives did not affect the imposition of the penalty. Disciplinary proceedings are for the public welfare, not private interests.
Ratio:
Notarization and Public Interest:
Notarization converts private documents into public documents, giving them evidentiary value. Notaries public must exercise utmost care in complying with legal formalities to ensure the integrity of notarized documents.Negligence and Professional Responsibility:
Atty. Belaro failed to secure his notarial seal, leading to its misuse. His negligence undermined the public’s trust in notarized documents and the legal profession, warranting disciplinary action.Disciplinary Proceedings and Public Welfare:
Disciplinary actions against lawyers are not dependent on the complainant’s desistance or the lawyer’s current professional activity. The Court’s primary concern is the fitness of the lawyer to remain in the profession.