Case Digest (A.C. No. 11777)
Facts:
Edna Tan Malapit v. Atty. Rogelio M. Watin, A.C. No. 11777, October 01, 2024, the Supreme Court En Banc, Gaerlan, J., writing for the Court.Complainant Edna Tan Malapit alleged that a Special Power of Attorney (SPA) prepared and notarized by respondent Atty. Rogelio M. Watin purportedly bore her forged signature and authorized transfers of her land in Mabini Extension, Digos City that she never agreed to. Edna had earlier entrusted the management and sale of her property to Petronila Austria and Eduardo Austria; Petronila was tasked with finding buyers for a commission. Edna claimed she refused to sign the SPA after discovering provisions that went beyond the agreed authority, yet the SPA was nevertheless notarized and appeared signed by her.
Upon finding in 2002 that portions of her lot had been transferred and settlements established, Edna filed (a) an Estafa through Falsification of Documents complaint with the City Prosecutor of Digos (Aug. 21, 2002) and (b) a civil case for Declaration of Nullity of Transfer of Rights (RTC Branch 19, Civil Case No. 4201; filed Oct. 1, 2002). The City Prosecutor found probable cause (Apr. 22, 2004) that Petronila and Eduardo committed forgery and estafa; Informations were later filed in the MCTC as Criminal Case No. 241(04). Atty. Watin acted as Petronila’s counsel in those criminal proceedings.
Edna also alleged that members of Atty. Watin’s family — his wife Evangeline and sons Ronald and Richard — benefited from transfers allegedly traceable to the forged SPA. She further alleged that Atty. Watin notarized another Transfer of Rights in favor of Ariel Asturia in 2004, although the Clerk of Court later certified it had no file copy of that instrument. Ariel later executed an affidavit (Nov. 4, 2015) claiming his purported Transfer of Rights was prepared and signed through the office secretary who forged Atty. Watin’s signature.
Respondent Atty. Watin denied wrongdoing, characterized the administrative complaint as harassment, and maintained that Edna received proceeds from sales and that the SPA was valid. He asserted a theory that Edna’s husband Cenon was the true owner and had signed the SPA; he challenged Edna to a handwriting examination and produced affidavits from his secretary and Petronila to support his account. He also alleged his secretary had forged his signature on some documents and denied personally notarizing the Ariel Transfer.
The Integrated Bar of the Philippines (IBP) Commission on Bar Discipline, through Commissioner Rebecca Villanueva-Maala, issued a Report and Recommendation (Oct. 3, 2014) finding misconduct and recommending a two-year suspension. The IBP Board of Governors adopted that recommendation (Resolut...(Subscriber-Only)
Issues:
- Is a disbarment/administrative proceeding the proper forum to determine the alleged forgery of Edna’s signature on the SPA?
- Was respondent disqualified from notarizing the SPA under Section 3, Rule IV of the 2004 Rules on Notarial Practice because of indirect benefits to his immediate family?
- Did respondent violate the conflict-of-interest rule by representing Petronila in cases directly involving the SPA he prepared for Edna?
- Is there substantial proof that respondent notarized the Transfer of Rights in favor of Ariel?
- What disciplinar...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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