Case Digest (A.C. No. 10562)
Facts:
On May 28, 2009, Jean Marie S. Boers (complainant) filed a complaint-affidavit against Atty. Romeo Calubaquib (respondent) before the Commission on Bar Discipline, alleging violations of the Rules on Notarial Practice. The complaint arose from a Deed of Sale dated October 16, 1991, which was notarized by Calubaquib and purportedly bore Boers' signature as one of the sellers. Boers contended that she could not have signed the document as she was in Canada at the time, having left the Philippines on December 20, 1990. To substantiate her claim, she presented her passport and Philippine visa, which confirmed her absence from the country during the relevant period. Furthermore, Boers highlighted the lack of a residence certificate number or any competent identification in the notarization of the Deed of Sale. Upon investigation, she discovered that the Deed of Sale was not recorded in Calubaquib's notarial file at the National Archives, where it was instead linked to an u...
Case Digest (A.C. No. 10562)
Facts:
Ownership of Land and Adverse Claim
Jean Marie S. Boers (Boers) and her siblings are co-owners of parcels of land in Tuguegarao City, covered by a transfer certificate of title. In October 2008, Boers discovered that an adverse claim had been annotated on their land by Isaac Gavino (Gavino). The adverse claim was based on a Deed of Sale of a Portion of Land on Installment Basis (Deed of Sale) dated October 16, 1991, which bore Boers' signature as one of the sellers. The Deed of Sale was notarized by Atty. Romeo Calubaquib (Calubaquib) on the same date.
Boers' Absence During Notarization
Boers claimed that she could not have signed the Deed of Sale or appeared before Calubaquib for notarization on October 16, 1991, as she was in Canada at the time. To support her claim, she presented her passport, which showed she left the Philippines on December 20, 1990, and her Philippine visa, which expired on February 7, 1991. Additionally, the Deed of Sale lacked Boers' residence certificate number or any other competent form of identification under her name.
Discrepancy in Notarial Records
Boers further discovered that the Deed of Sale was not recorded in Calubaquib's notarial file at the National Archives of the Philippines. Instead, the document corresponding to the notarial details (Doc. No. 143; Page No. 30; Book No. LIX; Series of 1991) was an Affidavit executed by Alfred Danao on October 15, 1991.
Calubaquib's Prior Sanction
Boers also noted that Calubaquib had previously been sanctioned by the Court in Lingan v. Calubaquib for failing to record a notarized certification of forum shopping in his notarial register. He was suspended from the practice of law for one year in that case.
Calubaquib's Defense
Calubaquib insisted that Boers signed the Deed of Sale and appeared before him for notarization. He theorized that Boers filed the complaint to hinder a planned sale of the land. As evidence, he submitted a joint affidavit from Boers' aunt and cousin, which stated that Boers signed the document but was not present during its notarization because she was already abroad.
Issue:
- Whether Atty. Romeo Calubaquib violated the Rules on Notarial Practice by notarizing the Deed of Sale without Boers' personal appearance.
- Whether Calubaquib failed to comply with the mandatory recording requirements under the Rules on Notarial Practice.
- Whether Calubaquib's prior sanction for similar violations should be considered as an aggravating circumstance.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)