Title
Dela Cruz vs. Dimaano, Jr.
Case
A.C. No. 7781
Decision Date
Sep 12, 2008
A notary public violated the Notarial Law by notarizing a forged document without verifying signatories' identities, leading to property fraud and disciplinary action.

Case Digest (A.C. No. 7781)
Expanded Legal Reasoning Model

Facts:

  • Background of the Case
    • Complainants: Dolores L. Dela Cruz, Milagros L. Principe, Narcisa L. Faustino, Jorge V. Legaspi, and Juanito V. Legaspi.
    • Respondent: Atty. Jose R. Dimaano, Jr., a lawyer commissioned as a notary public.
  • Allegations in the Complaint
    • Execution of Document
      • The document in question was titled “Extrajudicial Settlement of the Estate with Waiver of Rights.”
      • It purportedly involved the complainants and their sister, Zenaida V.L. Navarro, concerning their deceased parents’ property in Tibagan, San Miguel, Bulacan (Transfer Certificate of Title No. T-303936).
    • Claims of Falsification and Irregularities
      • The complainants alleged that their signatures on the document were forged.
      • They contended that they did not personally appear and acknowledge the document before the respondent on July 16, 2004, as is required in notarization.
      • The community tax certificates indicated in the document were claimed not to belong to them.
      • It was further contended that the acknowledgment portion of the document contained untruthful statements, specifically asserting that the complainants “personally came and appeared” before the respondent and signed in his presence.
    • Consequential Effects
      • The fraudulent execution purportedly enabled their sister, Navarro, to assume full ownership of the deceased parents’ property.
      • This enabled the subsequent sale of the property to the Department of Public Works and Highways.
  • Respondent’s Position and Admission
    • In his Answer
      • Atty. Dimaano admitted to having participated in the preparation of the document.
      • He acknowledged that he notarized the document.
    • Basis of Notarization
      • The respondent notarized the document in good faith.
      • He relied on the representation and assurance of Zenaida Navarro that the signatures and community tax certificates attached to the document were true and correct.
      • He emphasized his long-standing acquaintance with Navarro, having been neighbors for 30 years.
    • Disavowal of Liability
      • The respondent disclaimed liability, noting that the falsified document had been revoked and canceled.
  • Findings of the Investigating Commissioner of the IBP
    • Verification of Document Elements
      • The document bore the signatures and community tax certificates of the complainants and Navarro as purported executants.
      • The document was notarized by Atty. Dimaano on July 16, 2004.
    • Deviations from Procedural Requirements
      • Complainants did not appear personally before the respondent on the notarization date.
      • The notarization was performed solely based on Navarro’s representation without proper verification of the complainants’ signatures.
    • Failure to Ascertain Authenticity
      • The respondent did not verify whether the signatures of the complainants genuinely belonged to them.
    • Conclusion on Falsification
      • The Commission found a clear case of falsification and a violation of the Notarial Law, particularly due to the erroneous statement in the Acknowledgment that the complainants personally appeared and signed in front of the respondent.
  • Recommendation and Adoption
    • The Investigating Commissioner recommended:
      • Suspension of the respondent from the practice of law for one (1) year.
      • Revocation of his notarial commission (if still in effect).
      • Disqualification from reappointment as notary public for two (2) years.
    • The IBP Board of Governors adopted the Report and Recommendation on September 28, 2007, through Resolution No. XVIII-2007-147.
  • Legal and Notarial Standards Cited
    • Public Act No. 2103 (Notarial Law)
      • Requires that an acknowledgment be made before a notary public with personal appearance by the executing party.
      • Mandates that the notary certifies the identity and attestation of free act and deed.
    • Relevant Rules on Notarial Practice
      • Rule II, Sec. 12 of the 2004 Rules on Notarial Practice, which sets forth the requirement for competent evidence of identity.
    • Importance of Notarization
      • Notarization converts a private document into a public instrument, guaranteeing its admissibility without further authentication.
      • The decision underscores the significance of strict adherence to the notarial requirements to maintain public trust.

Issues:

  • Whether Atty. Jose R. Dimaano, Jr. improperly notarized a document containing forged signatures and inaccurate community tax certificate details.
    • Did the respondent ensure the personal appearance of the complainants as required by the Notarial Law?
    • Was the acknowledgment statement in the notarized document truthful and in compliance with legal requirements?
  • Whether the respondent’s reliance solely on the representation of Zenaida Navarro, without verifying the authenticity of the complainants’ signatures and community tax certificates, constitutes a violation of the Notarial Law.
    • Does the failure to verify the true identity and personal appearance of all purported signatories amount to negligence?
    • Should notarization without personal appearance be deemed sufficient to validate a public instrument?
  • Whether the actions of Atty. Dimaano undermine the integrity of the notarial process and public confidence in notarized documents.
    • To what extent does the erroneous notarization contribute to the erosion of public trust?
    • Are the penalties imposed commensurate with the gravity of the violation?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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