Case Digest (A.C. No. 11346)
Facts:
Dr. Basilio Malvar v. Atty. Cora Jane P. Baleros, A.C. No. 11346, March 8, 2017, Supreme Court Third Division, Reyes, J., writing for the Court.The complainant, Dr. Basilio Malvar, owned a parcel of land in Barangay Pagudpud, San Fernando City, La Union which he sold by Deed of Absolute Sale dated January 7, 2011 to Leah Mallari for P500,000.00; the children of Malvar acknowledged the transaction in a separate Confirmation of Sale. A dispute arose in the course of transferring the title: Mallari allegedly filed an Application for Certification of Alienable and Disposable Land using Malvar’s name and signature as part of steps to segregate and title the property, and a civil action for collection followed in the Municipal Trial Court (MTC) of Aringay, La Union. A compromise collapsed when two checks issued by Malvar were dishonored, provoking Mallari to file a complaint for violation of the Bouncing Checks Law.
A separate criminal case for falsification of public document was later filed against Mallari and remained pending before the Municipal Trial Court in Cities (MTCC) of San Fernando City, Branch 1; Malvar alleged conspiracy between Mallari and the respondent notary. The Office of the Prosecutor dropped Atty. Cora Jane P. Baleros’s name from the indictment for lack of evidence, but Malvar nonetheless filed on June 30, 2014 an administrative complaint for disbarment with the Integrated Bar of the Philippines’ Commission on Bar Discipline (IBP-CBD), charging falsification of the Application, notarization in Malvar’s absence, and irregularities in the notarial register.
IBP-CBD conducted a mandatory conference and received position papers. Commissioner Maria Angela Esquivel recommended revocation of respondent’s notarial commission and disqualification for two years. The IBP Board of Governors on June 20, 2015 adopted the report with modification, revoking respondent’s notarial commission if then existing, disq...(Subscriber-Only)
Issues:
- Should Atty. Cora Jane P. Baleros be administratively held liable for falsification of the Application for Certification of Alienable and Disposable Land?
- Did Atty. Baleros commit a notarial violation by notarizing the Application in the absence of Dr. Malvar and without competent evidence of identity?
- Was Atty. Baleros culpable for double entries and failure properly to record the nota...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
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