Case Digest (A.C. No. 13548)
Facts:
- Celia D. Mendoza filed a complaint against Atty. Cesar R. Santiago, Jr. on June 23, 2017, with the IBP-CBD.
- The complaint alleged violations of the Code of Professional Responsibility and the 2004 Rules on Notarial Practice.
- The complainant is an heir of Adela Espiritu-Barlaan, who died intestate on September 4, 2010, leaving a parcel of land in Pembo, Makati City, under OCT No. 2133.
- An Extrajudicial Settlement was executed on October 25, 2013, by Gemma S. Barlaan and her children, notarized by the respondent, leading to the cancellation of OCT No. 2133 and issuance of TCT No. 006-2014001250 in the name of John Alexander Barlaan.
- John Alexander Barlaan sold 147 square meters of the property to Monette Abac Ramos for P3,130,000.00, also notarized by the respondent.
- He later executed another Deed of Absolute Sale for the same 147 square meters for P1,500,000.00, again notarized by the respondent, resulting in two titles for the same property.
- Monette Abac Ramos filed an ejectment complaint, winning a ruling from the MeTC of Makati City on July 27, 2016.
- The complainant asserted that the respondent's notarization of the two deeds violated professional conduct.
- The respondent claimed the complainant lacked legal standing and that ownership issues were resolved.
- The IBP-CBD recommended a one-year suspension and a two-year revocation of the respondent's notarial commission, modified by the IBP Board of Governors to a two-year suspension and immediate revocation of his notarial commission.
Issue:
- (Unlock)
Ruling:
- The Court ruled that the complainant had the legal personality to file the complaint.
- The Court found that the respondent violated the Code of Professional Responsibility and the 2004 Rules on Notarial Practice, imposing a two-year suspension from the practice of law, immediate ...(Unlock)
Ratio:
- The Court affirmed the IBP Board of Governors' findings, noting the complainant's legal standing was established through personal knowledge of the respondent's violations.
- The respondent's notarization of two deeds of sale for the same property with different amounts ...continue reading
Case Digest (A.C. No. 13548)
Facts:
The case involves a complaint filed by Celia D. Mendoza (complainant) against Atty. Cesar R. Santiago, Jr. (respondent) on June 23, 2017, before the Integrated Bar of the Philippines (IBP)-Commission on Bar Discipline (CBD). The complaint alleges violations of the Code of Professional Responsibility and the 2004 Rules on Notarial Practice. The complainant is one of the heirs of Adela Espiritu-Barlaan, who passed away intestate on September 4, 2010, leaving behind a parcel of land in Pembo, Makati City, registered under Original Certificate of Title (OCT) No. 2133. On October 25, 2013, an Extrajudicial Settlement with Waiver and Transfer of Rights was executed by Gemma S. Barlaan and her children, which was notarized by the respondent. This settlement led to the cancellation of OCT No. 2133 and the issuance of Transfer Certificate of Title (TCT) No. 006-2014001250 in the name of John Alexander Barlaan. Subsequently, John Alexander Barlaan sold 147 square meters of the property to Monette Abac Ramos for P3,130,000.00, which was also notarized by the respondent. However, on March 12, 2015, he executed another Deed of Absolute Sale for the same 147 square meters, this time for P1,500,000.00, which was again notarized by the respondent. This led to the issuance of two different titles for the same property. Monette Abac Ramos later filed a complaint for ejectment against the occupants of the property, which resulted in a ruling in her favor by the Metropolitan Trial Court (MeTC) of Makati City on July 27, 2016. The complainant filed the disbarment complaint against the respondent, asserting tha...