Facts:

The case involves a complaint for disbarment filed by Eliza Armilla-Calderon (complainant) against Atty. Arnel L. Lapore (respondent) on September 2, 2020. The complainant is the registered owner of a lot located in Barangay IV, Sipalay City, Negros Occidental, covered by Original Certificate of Title No. P-14240. In 2014, the complainant learned that her niece, Charity Reinwald, had purchased the lot from her mother, Julieta Armilla, facilitated by Atty. Lapore, who was the family lawyer. The complainant alleged that her signature on the Deed of Absolute Sale dated August 8, 2012 was forged, as she was in San Mateo, Rizal at the time of signing. She further claimed that Atty. Lapore falsified another Deed of Absolute Sale dated December 10, 2013, to make it appear that her mother sold the property to Charity. The complainant accused Atty. Lapore of exploiting her absence and taking advantage of her elderly parents. In response, Atty. Lapore contended that the complaint mirro...

Facts:

Background of the Complaint

• A complaint for disbarment was filed by Eliza Armilla-Calderon against Atty. Arnel L. Lapore with the Office of the Bar Confidant.
• The complaint centers on allegations of forgery and misconduct in connection with a property transaction.

Details of the Property Transaction

• Complainant is the registered owner of a lot in Brgy. IV, Sipalay City, Negros Occidental, covered by Original Certificate of Title No. P-14240.
• In 2014, information surfaced that her niece, Charity Reinwald—married to a Swiss national—had purchased the lot.
• The transaction reportedly involved a sale from Julieta Armilla (the complainant’s mother) to Charity, facilitated by Atty. Lapore.

Allegations of Fraud and Forgery

• Complainant asserted that her signature on the Deed of Absolute Sale dated August 8, 2012 was forged because she was away in San Mateo, Rizal.
• An additional Deed of Absolute Sale dated December 10, 2013 allegedly falsified facts to show that her mother, Julieta, sold the property to Charity.
• It was contended that Atty. Lapore exploited the complainant’s absence and abused the trust reposed in him, further taking advantage of the vulnerability of her aged mother and dying father.

Position of the Parties

• Complainant’s Stand
• Accused Atty. Lapore of facilitating a fraudulent property transaction through forgery and abuse of trust.
• Claimed that her signature and the authenticity of a thumb mark indicating consent from her father were compromised.
• Respondent’s Stand
• Asserted that the complaint was a mere repetition of a previously docketed case (Civil Case No. 2033) and that the complainant was not the property owner but merely a trustee.
• Admitted persuading the complainant to return the property to her mother through a duly notarized Deed of Absolute Sale—signed willingly and consensually on August 8, 2012.

Proceedings Before the Integrated Bar of the Philippines-Commission on Bar Discipline (IBP-CBD)

• A Mandatory Conference was scheduled on December 14, 2015, which the complainant failed to attend, with only Atty. Lapore appearing.
• Subsequent hearings saw the complainant absent again, partly due to mails being returned as “Unknown addressee.”
• The IBP-CBD, after terminating the mandatory conference on March 21, 2016, directed the parties to submit respective position papers; however, only Atty. Lapore complied.
• Investigating Commissioner Dominica L. Dumangeng-Rosario recommended disciplinary action including revocation of his notarial commission, disqualification for reappointment as notary public for two years, and a two-month suspension from practice.
• Ultimately, the IBP-Board of Governors reversed the Commissioner’s recommendations and dismissed the complaint on the basis that the complainant had failed to substantiate her claims.

Evidence and Documentary Matters

• The notarized Deed of Absolute Sale, central to the complaint, carries the legal presumption of regularity and is considered prima facie evidence of the facts recorded therein.
• The complainant did not provide any expert analysis or verification (e.g., by the NBI, PNP, or handwriting experts) to establish the forgery.
• The lack of corroborative evidence and the complainant’s failure to appear at mandatory hearings critically undermined her allegations.

Issue:

• Whether Atty. Arnel L. Lapore should be held administratively liable for the alleged misconduct, including the purported forgery and abuse of trust in facilitating the property transaction.
• Whether the complainant was able to meet her burden of proving the allegations by presenting clear and preponderant evidence sufficient to warrant disbarment or administrative penalty.
• Whether the presumed regularity of the notarized Deed of Absolute Sale can be rebutted in the absence of competent evidence showing forgery.
• The impact of the complainant’s failure to attend the IBP-CBD hearings on the legitimacy and adjudication of her claims.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)