Case Digest (A.C. No. 8261, 8725) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Campugan and Torres vs. Tolentino, et al., decided on March 11, 2015 by the Supreme Court First Division, complainants Jessie T. Campugan and Robert C. Torres alleged that respondents Atty. Federico S. Tolentino, Jr., Atty. Daniel F. Victorio, Jr., Atty. Renato G. Cunanan, Atty. Elbert T. Quilala, and Atty. Constante P. Caluya, Jr. unlawfully caused the cancellation of the complainants’ annotation of their adverse claim and notice of lis pendens on Transfer Certificate of Title No. N-290546 at the Quezon City Registry of Deeds. The complainants had sought annulment of the Ricaforts’ title in RTC Civil Case No. Q-07-59598, annotated their claim, then entered an amicable settlement in February 2008. After the RTC granted their motion to withdraw in May 2008, new annotations appeared: a letter-request dated June 30, 2008 signed by Ramon Ricafort and purportedly notarized by Atty. Tolentino, Jr., and an RTC order cancelling their notices. Believing the documents to be falsified a Case Digest (A.C. No. 8261, 8725) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Civil Action and Initial Annotations
- Complainants Jessie T. Campugan and Robert C. Torres, as heirs of the late Spouses Antonio and Nemesia Torres, discovered the unlawful cancellation of their family lot’s TCT No. RT-64333(35652) and its replacement with TCT No. N-290546 in favor of Ramon and Josefina Ricafort.
- They filed Civil Case No. Q-07-59598 in the RTC, Quezon City, seeking annulment of TCT No. N-290546 and had annotated on it their affidavit of adverse claim and notice of lis pendens.
- Amicable Settlement and Court Order
- During proceedings, parties agreed to an amicable settlement: the complainants would sell the property, equally divide proceeds, withdraw complaint and defendants would withdraw counterclaim.
- Atty. Daniel F. Victorio, Jr., counsel for complainants, filed a Motion to Withdraw Complaint (Feb. 26, 2008). The RTC granted it by order dated May 16, 2008.
- Cancellation of Annotations and LRA Consulta
- After May 16, 2008, complainants could not contact Atty. Victorio, Jr. and discovered new annotations on TCT No. N-290546:
- Cancellation of the affidavit of adverse claim and notice of lis pendens purportedly requested by Atty. Federico S. Tolentino, Jr.
- Annotation of the RTC’s May 16, 2008 order.
- The letter-request dated June 30, 2008 bore the signature of defendant Ramon Ricafort and was notarized by Atty. Tolentino, Jr.
- Complainants filed Consulta No. 4707 with the Land Registration Authority challenging the cancellations; its outcome is not disclosed.
- Disbarment Complaints and Comments
- A.C. No. 8261 (Apr. 23, 2009): Disbarment of Atty. Tolentino, Jr., Atty. Victorio, Jr., Atty. Cunanan, and Atty. Quilala for falsification, conspiracy, and abuse of positions in the Registry of Deeds.
- Respondents’ Comments:
- Atty. Victorio, Jr. denied abandonment and conspiracy.
- Atty. Tolentino, Jr. denied conspiracy and undue involvement.
- Atty. Quilala asserted ministerial duty and that Atty. Caluya, Jr. signed cancellations.
- A.C. No. 8725 (Aug. 26, 2010): Complaint against Atty. Caluya, Jr. for forging Atty. Cunanan’s signature; later consolidated with A.C. No. 8261.
Issues:
- Whether respondents in the Registry of Deeds unlawfully cancelled the annotation of the affidavit of adverse claim and notice of lis pendens without proper authority.
- Whether there was conspiracy between Atty. Victorio, Jr. and Atty. Tolentino, Jr. to falsify court orders and secure cancellations.
- Whether Atty. Victorio, Jr. abandoned the complainants by failing to pursue their interests after May 16, 2008.
- Whether Atty. Caluya, Jr. forged Atty. Cunanan’s signature in the cancellation entries.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)