A.C. No. 9209 - Ferguson vs. Ramos

Complainant Nenita De Guzman Ferguson filed a Complaint-Affidavit seeking the disbarment of Atty. Salvador P. Ramos.
The charges included falsification, violation of notarial law, and engaging in private practice while employed in government service.

On November 25, 2007, the complainant purchased a house and lot in San Rafael, Bulacan for P800,000.00.
Without her knowledge, the seller secured a Certificate of Land Ownership Award (CLOA) to effect a title transfer in her name; the CLOA was allegedly void ab initio due to the nature of the land and a 10-year prohibition on its transfer.
In 2009, the complainant initially filed a petition for the cancellation of the CLOA before the DAR Office but later withdrew it when she proceeded to file the case before the Regional Trial Court, Branch 12, Malolos City.

Complainant discovered that the Deed of Sale dated April 24, 2009, which formed the basis of the title transfer, had been fraudulently altered:

It only covered the sale of the land, omitting reference to the house.
The sale price stated (P188,340.00) was significantly less than the actual purchase price.

It was further alleged that the signatures of the complainant and her husband, Douglas Ferguson, were forged.
Atty. Ramos notarized the deed of sale despite the parties’ nonappearance, as they never personally appeared before him.

Atty. Ramos admitted to notarizing a “genuine” Deed of Sale dated May 12, 2009 for a transaction amount of P300,000.00, executed between vendor Alfredo Inosanto and the complainant (with her spouse).
He denied notarizing the April 24, 2009 deed and claimed his signature on that document was forged.
He further argued that the possibility exists that the person benefiting from the falsification might have been the actual culprit behind the fraud aimed at evading higher capital gains tax.

The case was referred by the Court to the Integrated Bar of the Philippines (IBP) for investigation, culminating in a Report and Recommendation by the Commission on Bar Discipline (CBD).
The CBD found Atty. Ramos guilty of violating the law on notarial practice, recommending suspension from law practice for one (1) year and revocation of his notarial commission for two (2) years post-suspension.
The IBP-Board of Governors modified the CBD’s recommendation by imposing a suspension from law practice for six (6) months, revoking his notarial commission effective immediately, and disqualifying him from being commissioned as a notary public for two (2) years.

Evidence showed that Douglas Ferguson was not present on the notarization date of the “genuine” deed based on passport records.
Both the contested April 24, 2009 deed and the May 12, 2009 deed bore the same notarial registry details of Atty. Ramos, raising questions on the process of notarization and the possibility of forged details.
This irregularity led to the matter being referred to the Bureau of Internal Revenue for assessment of correct tax liabilities and possible criminal investigation.

Did Atty. Ramos violate the mandates of the Rules on Notarial Practice by notarizing documents without the personal appearance of the parties?
Is the claim of forged signatures by Atty. Ramos credible given the evidentiary context?

Did Atty. Ramos’s conduct in notarizing documents without verifying the actual appearance of the parties breach Canon 1 and Rule 1.01 of the Code of Professional Responsibility?
What ethical and professional implications arise from notarizing documents under irregular conditions?

What disciplinary action is appropriate in view of the multiple violations, including notarial irregularities and acts amounting to potential fraud?
Should the issue of engaging in private practice while employed in government service be addressed by the Civil Service Commission?

How does the existence of two deeds of sale with identical notarial registry details affect the reliability of the notarization process?
Is the referral to the Bureau of Internal Revenue justified in view of the potential criminal liability for tax evasion?