A.C. No. 12624 - Leonor vs. Ayon-Ayon

Manuel R. Leonor, the complainant and registered owner of a parcel of land in Project 6, Quezon City (subject property), filed a verified complaint on January 29, 2015 before the IBP-Commission on Bar Discipline (CBD).
The complaint was filed against two attorneys: Atty. Dickson C. Ayon-Ayon and Atty. Eulogio C. Mananquil, Jr., alleging improper notarization of documents.

It was alleged that these documents were notarized without requiring the physical appearance of Complainant Manuel Leonor and his wife, Teresita R. Leonor, in violation of Administrative Matter No. 02-8-13-SC and the 2004 Rules on Notarial Practice.
The signatures and names of the Spouses Leonor appeared on the questioned documents, although the complainant maintained that neither he nor his wife had physically appeared before the notaries.

In September 2013, Complainant learned that a “Frederick Bonamy” was in possession of a deed allegedly signed by the Spouses Leonor, despite their having previously asserted that the property was not for sale.
In June 2014, the complainant discovered that the title to the subject property had been transferred to Spouses Bonamy, a transfer facilitated by the notarized Deed and Sworn Statement.
After finding his adverse claim annotated on Bonamy’s title, the complainant also pursued actions for falsification and reconveyance of title with damages against Spouses Bonamy.
Subsequently, he filed the disciplinary complaint with the IBP-CBD against the two attorneys in connection with the alleged irregularities in notarization.

Denied notarizing the Sworn Statement and produced a Certification from the Office of the Clerk of Court (OCC)-RTC, Caloocan City, to prove that the said document was not among those recorded in his notarial book.
Asserted that an impersonator had used his notarial seal and signature after December 2012 and that he had taken measures by filing a criminal complaint against those persons.

Asserted that the Spouses Leonor and Bonamy personally appeared before him for the notarization of the Deed.
Maintained that he, as well as his staff, verified the identities of the alleged sellers by requiring the presentation of identification documents.
Claimed that the identities were confirmed through the presentation of various IDs and an original copy of the Transfer Certificate of Title (TCT No. 46664), and that the notarization was performed in good faith.
Later filed a Motion for Reconsideration and a Supplemental Motion for Reconsideration, arguing that the alterations and intercalations claimed by the complainant were made after the notarization, without his involvement.

The Investigating Commissioner, Rico A. Limpingco, in his Report and Recommendation dated January 11, 2016, recommended:

Dismissal of the complaint against Atty. Mananquil.
Revocation of Atty. Ayon-Ayon’s notarial commission.
Suspension of Atty. Ayon-Ayon from the practice of law for three months for negligence.

On September 24, 2016, the IBP-Board of Governors (BOG) adopted an Extended Resolution:

Dismissing the complaint against Atty. Mananquil.
Increasing Atty. Ayon-Ayon’s suspension to six months and disqualifying him from being commissioned as notary public for two years, with the revocation of any current notarial commission.

Atty. Ayon-Ayon’s motions for reconsideration were eventually successful, leading to:

An Extended Resolution on May 9, 2019, which absolved him of any administrative liability for having performed all necessary acts according to the 2004 Rules on Notarial Practice.
The reversal of previous sanctions in view of his demonstration of due diligence and proper verification of identities.

Whether Atty. Ayon-Ayon failed to exercise due diligence in the performance of his duties as notary public by allegedly notarizing without requiring the physical appearance of the principals.

Consideration of whether the absence of physical presence constitutes a breach of the 2004 Rules on Notarial Practice when adequate identity verification is present.

Whether the alleged alterations and intercalations in the Deed of Absolute Sale were made before or after the notarization.

Evaluation of the timing and control over changes in the document as presented by Atty. Ayon-Ayon versus the complainant’s submissions.

The administrative and disciplinary implications arising from the notarization process under the applicable notarial practice rules.

Assessment of the respondent attorneys’ adherence to the rules regarding the requirement of personal appearance and proper identification procedures.
The effect of the respondents’ reliance on identification documents and the presentation of supporting evidence (such as the original TCT) in ascertaining the identities of the parties.

The legal standard and evidentiary requirements under Section 1, Rule II of the 2004 Rules on Notarial Practice.

Determination if the identification cards provided by the purported sellers suffice as competent evidence of their identities.