Case Digest (A.C. No. 13636)
Facts:
In A.C. No. 13636 decided February 22, 2023, the complainants Florentino S. Unite, sole heir of Herminigildo A. Unite, and Miguel B. Torrices, sole heir of Odylon Unite Torrices, filed on January 27, 2015 before the Integrated Bar of the Philippines–Commission on Bar Discipline (IBP-CBD) a disbarment complaint against Atty. Raymund P. Guzman. They alleged that on November 24, 2010 in Tuguegarao City, Cagayan, respondent notarized a Deed of Donation Inter Vivos by which Jose U. Torrices (donor), his wife Lolita B. Torrices, and their daughter Cecile Yvonne B. Torrices (donee) purportedly transferred 1,743 sq. m. of Lot 2920, Pls-706 under TCT No. T-20432(S). The document contained no competent evidence of identity—Jose’s signature was followed only by his TIN, while Lolita and Cecile’s lines were blank—and the Donee was later certified by the Bureau of Immigration to have been abroad on the notarization date. Complainants maintain that the transaction was part of a fraudulent schCase Digest (A.C. No. 13636)
Facts:
- Parties and Background
- Complainants: Florentino S. Unite (sole heir of Herminigildo A. Unite) and Miguel B. Torrices (sole heir of Odylon U. Torrices), heirs of Teodora A. Unite, who died intestate on January 6, 2005.
- Accused: Atty. Raymund P. Guzman, charged with violating Rule 1.01 of the Code of Professional Responsibility, the Lawyer’s Oath, and the 2004 Rules on Notarial Practice by notarizing a defective Deed of Donation Inter Vivos.
- The Deed of Donation Inter Vivos
- Instrument: Dated November 24, 2010, between donor Jose U. Torrices (husband of Lolita B. Torrices) and donee daughter Cecile Yvonne B. Torrices, covering Lot 2920, Pls-706 (2,396 sqm) in Poblacion (now Sta. Cruz), Ballesteros, Cagayan; 1,743 sqm portion donated for love and affection; donor reserved sufficient property; acceptance by donee.
- Notarial Acknowledgment: Signed by parties; under Jose’s name only a Tax Identification Number; no IDs or entries for Lolita and Cecile; acknowledged by Guzman (Doc. No. 166, p. 33, Book XLI, 2010) without competent evidence of identity.
- Supporting Documents and Allegations
- Bureau of Immigration Certification (July 21, 2017) stating “Rosario, Cecile Yvonne Torrices” was abroad on November 24, 2010.
- Civil suit filed in RTC Ballesteros, Cagayan (Branch 33) for annulment of the deed, related sales, TCTs, accounting, and damages; respondent denied bad faith and presented Jose’s June 1, 2015 Affidavit asserting that ID cards (PRC, GSIS) were shown and that parties were personally known to him.
- Administrative Proceedings
- IBP-CBD (Oct. 15, 2016): Recommended revocation of Guzman’s notarial commission and one-year notary disqualification for violating Section 1, Rule IV of 2004 Notarial Practice.
- IBP-BOG (June 17, 2017): Added six-month suspension from law practice; on reconsideration (Oct. 5, 2018) dismissed proceedings; Extended Resolution (July 2, 2022) found substantial compliance and rejected BI certification due to name discrepancy.
Issues:
- Did Guzman notarize the Deed without competent evidence of identity in violation of the 2004 Rules on Notarial Practice?
- Did he violate Canon 1, Rule 1.01 of the Code of Professional Responsibility and breach the Lawyer’s Oath?
- Should the Bureau of Immigration certification be credited despite the name discrepancy?
- What penalty is appropriate for repeated notarial misconduct?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)