Case Digest (A.C. No. 9209)
Facts:
Nenita De Guzman Ferguson v. Atty. Salvador P. Ramos, A.C. No. 9209, April 18, 2017, the Supreme Court En Banc, Per Curiam.Complainant Nenita De Guzman Ferguson filed a Complaint-Affidavit seeking the disbarment of Atty. Salvador P. Ramos, then Chief Legal Officer of the Department of Agrarian Reform (DAR) Provincial Office in Bulacan, for alleged falsification, violations of the notarial law, and engaging in private practice while employed in government. Complainant alleged she bought a house-and-lot in San Rafael, Bulacan on November 25, 2007 for P800,000.00, and that the vendor obtained a Certificate of Land Ownership Award (CLOA) to effect transfer. She later learned the CLOA was void ab initio and that transfers were subject to a 10-year prohibition.
In 2009 complainant filed a petition for cancellation of the CLOA before DAR, then withdrew and filed the case in the Regional Trial Court (RTC), Branch 12, Malolos City. Upon receiving the defendants' Answer in the RTC she noticed it resembled the Answer previously filed before DAR, which she attributed to Atty. Ramos. She discovered an April 24, 2009 Deed of Sale that allegedly had been fraudulently altered to show sale of land only (excluding the house), a purchase price of P188,340.00 (not P800,000.00), and contained forged signatures of complainant and her husband Douglas Ferguson; she asserted these were notarized by Atty. Ramos though neither she nor her husband personally appeared before him.
Atty. Ramos denied representing defendants before DAR and denied notarizing the April 24, 2009 deed, claiming his notarial signature thereon was forged; he did admit notarizing a May 12, 2009 Deed of Sale between vendor Alfredo Inosanto and complainant and her husband for P300,000.00, and he suggested the forger may have sought to reduce capital gains tax by presenting a deed with a lower purchase price at the Registry of Deeds.
The Court referred the complaint to the Integrated Bar of the Philippines (IBP) for investigation. The IBP Commission on Bar Discipline (CBD) held a mandatory conference, received position papers, and in a Report and Recommendation (Nov. 21, 2014) found Atty. Ramos guilty of violating the Rules on Notarial Practice and recommended one-year suspension, revocation of notarial commission, and two-year disqualification from commissioning. The IBP Board of Governors adopted the CBD report with modification (Notice of Resolution No. XXI-2015-458, June 6, 2015), revoked respondent’s notarial commission, disqualified him from a notarial commission for two years, and suspended him from the practice of law for six months.
The Court took up the matter, reviewed evidence including complainant’s exhibit showing that Douglas’s passport established he could not have personally appeared on May 12, 2009, and noted that both the April 24 and May 12 deeds bore the same document, page, and book numbers in Atty. Ramos’ notarial registry. The Court found that Atty. Ramos violated the notarial rules and the Code of Professional Responsibility, sustained the misconduct finding but adjusted the penalty. The Court also referred the question of private practice while in government ...(Pro-only)
Issues:
- Did Atty. Salvador P. Ramos violate the Rules on Notarial Practice and the Code of Professional Responsibility by notarizing a deed without the personal appearance of the parties and/or by facilitating a forged deed?
- Was Atty. Ramos engaged in private practice while employed in government, warranting administrative action by this Court?
- What penalty, if any, should b...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)