A.C. No. 4958 - Aquino vs. Manese

Fidel D. Aquino, the complainant from Pinasling, Gerona, Tarlac, filed a sworn letter-complaint on September 7, 1998, in Tagalog, addressed to the Office of the President and forwarded to the Office of the Court Administrator.
The complaint charged Atty. Oscar Manese, the respondent, with falsification of a public document.

The complaint focused on a Deed of Absolute Sale notarized by Atty. Manese on September 15, 1994.
It was alleged that one of the three vendors-signatories, Lilia D. Cardona, had already died on November 25, 1990—four years before the execution of the deed—rendering it defective.
The deed purportedly executed by the heirs of Luis Cardona, including the deceased Lilia Cardona, transferred the land to Ma. Cita C. Perez, daughter of the spouses Antonio and Fe Perez.

Fidel D. Aquino had been tilling the land since 1960 as a tenant of the late owner, Luis M. Cardona.
In 1975, the spouses Antonio and Fe Perez unlawfully took possession of the land, which led to litigation that eventually recognized Aquino as the lawful tenant through a decision of the Court of Appeals (August 30, 1988).

An Investigation Report of the Department of Agrarian Reform dated August 20, 1996.
A Memorandum from Regional Director Eugenio Bernardo to the DAR Secretary dated June 4, 1996.
A letter from OIC-PARO Teofilo Inocencio dated May 20, 1996.
The National Bureau of Investigation’s Questioned Documents Report No. 517-696.
The Death Certificate of Lilia Cardona, confirming her demise on November 25, 1990.
The Deed of Absolute Sale itself.
A Court of Appeals Decision from August 30, 1988, in CA-G.R. SP No. 12847-CAR.
A Special Power of Attorney dated December 27, 1989, and a General Power of Attorney executed by Luis Cardona in favor of Fidel D. Aquino.
A Certification from the Department of Agrarian Reform dated October 27, 1977.

The complainant lacked the legal right or standing to challenge the sale as he had no claim or interest over the land.
Being a notary public, his role was limited to notarizing documents without the necessity of personally knowing every individual appearing before him.

The case was referred to the Integrated Bar of the Philippines (IBP) for investigation by a Resolution of February 24, 1999.
Atty. Manese failed to appear during the IBP hearings, citing ill health or unavailability of counsel.
On June 29, 2002, the IBP Board of Governors issued Resolution No. XV-2002-220, adopting the Investigating Commissioner’s report that found Atty. Manese gravely remiss in his duty as a notary public and recommended discipline.

Does Fidel D. Aquino, as a tenant whose rights were disturbed by the transfer of ownership of the land, have the legal personality to file the complaint?

Is the execution and notarization of the Deed of Absolute Sale valid given that one of its vendors-signatories, Lilia D. Cardona, was deceased at the time of signing?

Was Atty. Manese negligent in his duty as a notary public by notarizing the document without verifying that the persons who signed were the same individuals who personally appeared and executed the document?

Does the failure to adhere to the strict requirements of notarization undermine public confidence in notarized documents and the notarial process?