Case Digest (G.R. No. 173137) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In A.M. No. 09-6-1-SC (January 21, 2015), three letter-complaints were filed for violation of the 2004 Rules on Notarial Practice. The first complaint, dated March 2, 2009, was lodged by Atty. Butch Cardinal Torio, Atty. Nepthalie Pasiliao, Atty. Dominique Evangelista, and Atty. Elizabeth C. Tugade—commissioned notaries public for Lingayen, Pangasinan—against Atty. Juan C. Siapno, Jr., alleging that he maintained a notarial office in Lingayen and performed notarial acts in Lingayen, Natividad, and Dagupan City without a valid commission. Complainants presented photographic evidence of his law office and four notarized instruments executed after his last commission expired on December 31, 2008, namely: (1) Addendum to Loan and Mortgage Agreement (2007); (2) Deed of Absolute Sale (January 24, 2008); (3) Joint Affidavit of Two Disinterested Persons (January 6, 2009); and (4) Acknowledgement of Debt (January 24, 2008). They further alleged that he delegated notarial functions to his Case Digest (G.R. No. 173137) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Letter-complaints and allegations
- First complaint (filed March 2, 2009) by commissioned notaries public of Lingayen, Pangasinan (Atty. Torio, Pasiliao, Evangelista, Tugade) against Atty. Juan C. Siapno, Jr.
- Accused of maintaining a notarial office on Alvear Street East, Lingayen, and performing notarial acts in Lingayen, Natividad, Dagupan City without a valid commission.
- Evidence presented:
- Photographs of Atty. Siapno’s law office in Lingayen.
- Four notarized instruments bearing his name after his commission expired:
- 2007 Addendum to Loan and Mortgage Agreement (Lingayen)
- Allegation that Atty. Siapno delegated notarial authority to secretaries Mina Bautista and Mary Ann Arenas.
- Second complaint by Audy B. Espelita against Atty. Pedro L. Santos
- Espelita executed an affidavit of loss of driver’s license in 2008, notarized by Atty. Santos.
- The affidavit was later denied authentication by the Notarial Section in Manila for lack of commission in the City of Manila.
- Third complaint by a concerned citizen regarding a certain Atty. Evelyn
- Accused of notarizing and signing documents on behalf of other lawyers at Room 402, Leyba Building, 381 Dasmariñas Street, Sta. Cruz, Manila, without proper commission.
- Procedural history
- March 17, 2009: RTC-Lingayen forwards first complaint to the Office of the Court Administrator, which refers it to the Office of the Bar Confidant.
- June 9, 2009 Supreme Court Resolution directs:
- Executive Judge of RTC-Lingayen to investigate Atty. Siapno.
- Executive Judge Reynaldo G. Ros of RTC-Manila to investigate Atty. Santos and Atty. Evelyn.
- Investigation, findings and recommendations
- RTC-Lingayen hearing on Atty. Siapno: complainants reaffirm allegations; respondent denies ownership of office and secretaries’ employment.
- Executive Judge’s Report and Recommendation (July 2009):
- Atty. Siapno’s commission history: commissioned Jan 20, 2003–Dec 31, 2004 and Feb 8, 2005–Dec 3, 2006; cancelled June 8, 2006; no renewal thereafter.
- Conclusion: Atty. Siapno violated Section 11, Rule III of the 2004 Rules on Notarial Practice by notarizing without a valid commission.
- Recommended penalty: fine of Fifty Thousand Pesos (₱50,000.00).
- Supreme Court review: agrees with violation finding but deems recommended penalty insufficient; summarizes evidence of office maintenance and out-of-jurisdiction notarizations.
Issues:
- Whether Atty. Juan C. Siapno, Jr. violated the 2004 Rules on Notarial Practice by notarizing documents without a valid commission within and outside the territorial jurisdiction of his commissioning court.
- Whether Atty. Pedro L. Santos performed notarial acts in the City of Manila without being commissioned there.
- Whether a certain Atty. Evelyn illegally notarized documents on behalf of other lawyers without proper commission.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)