Case Digest (A.C. No. 13548)
Facts:
Celia D. Mendoza v. Atty. Cesar R. Santiago, Jr., A.C. No. 13548, June 14, 2023, Supreme Court Third Division, Gaerlan, J., writing for the Court.Complainant Celia D. Mendoza alleged that she is one of the heirs of Adela Espiritu-Barlaan, owner of a 247-square-meter parcel in Pembo, Makati City (the subject property), registered under OCT No. 2133. On October 25, 2013, Gemma S. Barlaan and certain Barlaan heirs executed an Extrajudicial Settlement with Waiver and Transfer of Rights, which was acknowledged before and notarized by respondent Atty. Cesar R. Santiago, Jr. The OCT was cancelled and TCT No. 006-2014001250 issued in the name of John Alexander Barlaan.
John Alexander Barlaan executed a Deed of Absolute Sale dated November 26, 2014 (First Deed of Sale), selling 147 square meters of the property to Monette Abac Ramos for P3,130,000.00; this instrument was acknowledged before and notarized by respondent. On March 12, 2015, Barlaan executed a second Deed of Absolute Sale (Second Deed of Sale), covering the same 147 square meters but reflecting a consideration of P1,500,000.00; this second deed was likewise acknowledged before and notarized by respondent and was the instrument submitted to the Registry of Deeds, producing TCTs reflecting parcels in favor of Barlaan and Ramos.
After discovering occupation by other relatives, Monette Abac Ramos filed an ejectment complaint; the Metropolitan Trial Court (Makati City) rendered judgment for Ramos on July 27, 2016. Thereafter, on June 23, 2017, complainant Mendoza filed a disciplinary complaint before the Integrated Bar of the Philippines—Commission on Bar Discipline (IBP‑CBD) against respondent for violating the Code of Professional Responsibility and the 2004 Rules on Notarial Practice by notarizing two deeds for the same property reflecting different consideration amounts.
Respondent answered on July 4, 2018, asserting lack of complainant’s legal personality and that he had discharged his notarial functions when he submitted the Second Deed to the BIR and the Register of Deeds. The IBP‑CBD, in a Report and Recommendation dated June 17, 2021, found that complainant had legal personality (based on personal knowledge of the facts), and that respondent notarized two inconsistent deeds to minimize tax liability, violating the 2004 Rules on Notarial Practice and Canon 1 of the CPR; it recommended one year suspension and two‑year revocation of his notarial commission.
On August 28, 2001, the IBP Board of Governors issued Resolution No. CBD‑XXV‑2021‑08‑32 modifying the IBP‑CBD recommendation and instead recommending suspension from the practice of law for two years, immediate revoc...(Pro-only)
Issues:
- Did complainant have legal personality to file a disciplinary complaint before the IBP‑CBD against respondent?
- Did respondent violate the 2004 Rules on Notarial Practice and the Code of Professional Responsibility (now CPRA) by notarizing two deeds covering the same property with different consideration amounts?
- Are the sanctions imposed by the IBP Board of Governors — two‑year suspension from the practice of law, revocation of notarial commission, and two‑year disqu...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
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Doctrine:
- (Pro-only)