Case Digest (A.M. No. 2505-MJ)
Facts:
Francisca Salomon filed an administrative complaint against Judge Froilan Blanco, then Municipal Judge of Pilar, Bataan, for gross misconduct, irregularity, and falsification in his capacity as Ex-Officio Notary Public, alleging that he notarized an Extra-Judicial Partition and Deed of Absolute Sale without her and her nephew Abraham Gatdula appearing before him and despite Abraham being then only thirteen or fourteen. The questioned deed was later nullified in Civil Case No. 3861 for the nullification of the document and titles, with cancellation of certain TCTs and restoration of another TCT.The investigating court noted multiple infirmities in the deed and its supporting records, including discrepancies in death dates, visibly different signatures of Abraham on different pages, handwritten intercalations added to the notarial description, and irregularities in the residence certificates supposedly shown by the parties, with the hearing judge concluding that the document was
Case Digest (A.M. No. 2505-MJ)
Facts:
- Parties and capacities
- Francisca Salomon filed an administrative complaint against Judge Froilan Blanco.
- Judge Froilan Blanco served as Municipal Judge of Pilar, Bataan, and later as Judge of the Municipal Circuit Court of Orion-Pilar, Bataan.
- The complaint involved Judge Froilan Blanco acting as an Ex-Officio Notary Public in notarizing an instrument titled “Extra-Judicial Partition and Absolute Deed of Sale.”
- Administrative complaint and core allegations
- Francisca Salomon alleged that she was the registered pro-indiviso owner, together with her sister Josefa Salomon (now deceased), of a property described in Transfer Certificate of Title No. 5333 (Registry of Property of Bataan).
- She alleged that in 1972, she discovered that the property was conveyed to Araceli Calimbas of Pilar, Bataan, by virtue of the questioned Extra-Judicial Partition and Deed of Absolute Sale purportedly executed by Francisca Salomon and two nephews.
- She alleged that the instrument was notarized by Judge Froilan Blanco in his capacity as Ex-Officio Notary Public.
- She alleged that she and her two nephews neither ceded nor conveyed the property to anyone else.
- She alleged that she and her nephews never appeared before Judge Froilan Blanco to execute the instrument.
- She alleged that the nephews did not exhibit their residence certificates to the notary, specifically alleging that Abraham Gatdula was then only thirteen (13) or fourteen (14) years old and therefore did not have any residence certificate.
- She alleged that due to suspected gross irregularity, misconduct, and falsification, she submitted a certified xerox copy of the instrument for examination to the Crime Laboratory in Camp Crame, Quezon City.
- She alleged that the Crime Laboratory found that the signatures of Francisca Salomon and Abraham Gatdula were forged.
- She alleged that Judge Froilan Blanco personally worked for the registration of the questioned property and received from the Register of Deeds of Bataan Transfer Certificate of Title No. 7545 with Araceli Calimbas as registered owner.
- Court Administrator’s memorandum and documentary findings
- The Court Administrator submitted a memorandum quoting that the complaint revolved around notarization in the absence of Francisca Salomon and Abraham Gatdula, and without seeing them sign the document.
- The memorandum stated that Abraham Gatdula was only thirteen (13) or fourteen (14) years old at the time of notarization.
- The memorandum reported findings of PC Document Examiners Manuel Doctura and Crispin Tabo that the signatures of Francisca Salomon and Abraham Gatdula on the instrument were forged.
- The memorandum noted that in Civil Case No. 3861 of the Court of First Instance of Bataan, titled Francisca Salomon, et al. vs. Araceli Calimbas, et al., the court rendered judgment declaring the instrument null and void, ordering cancellation of TCT Nos. 7544 and 7545, and restoration of TCT No. 5333.
- Course of administrative case: motions and orders
- A Deputy Court Administrator submitted a memorandum stating that Francisca Salomon filed the administrative complaint on July 29, 1974 with the Court of First Instance of Bataan, Branch I.
- Judge Froilan Blanco filed a Motion dated August 6, 1974 seeking suspension of filing an answer and hearing in Administrative Case No. 23 (later docketed as AM 2505-MJ) pending final termination of Civil Case No. 3861, alleged as a condition precedent.
- Hon. Abraham P. Vera, Executive Judge, Court of First Instance of Bataan, Branch I at Balanga, denied the motion in an Order dated August 26, 1974, and required Judge Froilan Blanco to file an answer.
- Judge Froilan Blanco filed his answer dated September 6, 1974.
- Judge’s answer: admissions and defenses
- Judge Froilan Blanco admitted that he notarized an Extra-Judicial Partition with Deed of Absolute Sale as Ex-Officio Notary Public.
- He alleged that the questioned instrument was made regularly, properly, and legally, and that he complied with all legal requirements and formalities.
- He contested the allegations about findings of the Crime Laboratory, claiming the findings were misleading and erroneous.
- He argued that complainant did not mention in the complaint which specimen signatures were submitted to handwriting experts and how and when the specimen signatures were written.
- He admitted paragraphs on the transfer and denied illegality or irregularity in working for registration in favor of Araceli Calimbas.
- He claimed that the complaint was groundless and intended for harassment.
- He further averred that Civil Case No. 3861, for nullification of document and titles with damages, was pending in the Court of First Instance of Bataan.
- Adoption of evidence from the related civil case
- Considering that Administrative Case No. 23 and Civil Case No. 3861 involved the same parties and the same question of fact, counsel for complainants moved that evidence in Civil Case No. 3861 insofar as concerned be adopted in the administrative case.
- In an Order dated March 9, 1977, Hon. Abraham P. Vera found the motion meritorious and directed complainant to submit a written motion and/or offer of relevant evidence presented in Civil Case No. 3861 for adoption as evidence in the administrative case.
- Complainant and respondent agreed to suspend investigation in AM 2505-MJ until after termination of Civil Case No. 3861, because evidence adduced therein would be adopted in the administrative case.
- Investigating judge’s observations of defects in the questioned document
- The investigating judge identified infirmities and discrepancies:
- Ramon Gatdula (husband of Josefa) was stated to have died on November 18, 1950, but was certified to have died on May 17, 1951.
- Josefa (mother of Abraham and Rogelio Gatdula) was stated to have died on May 18, 1951, but was certified to have died on November 18, 1950.
- The signatures of Abraham on the left-hand margin of page one and his signature on page two appeared visibly different.
- The typewritten title “Notary Public” had handwritten additions of “Ex-Officio”, and under the typewritten phrase “Until December 31, 1953,” the handwritten words “Justice of the Peace” were added.
- The residence certificates purportedly exhibited by Rogelio and Abraham were viewed as dubious because consecutive certificates were issued on the same day in February 1953, about six months before execution of the document.
- The residence certificate to Abraham appeared to be a last-minute move because the number “3799788” and date “February 26” were typewritten on what were allegedly blank spaces before.
- The investigating judge noted that Abraham was a minor who should not have been issued a residence certificate.
- Francisca Salomon was stated as a resident of and with postal address at 11th Avenue, Caloocan, Ri...(Subscriber-Only)
Issues:
- Whether Judge Froilan Blanco committed administratively actionable negligence or misconduct in notarizing the Extra-Judicial Partition and Deed of Absolute Sale
- Whether the notarization was done in the absence of Francisca Salomon and Abraham Gatdula and without seeing them sign.
- Whether Abraham Gatdula, being a minor, could validly consent to the contract, and whether respondent properly determined his age before notarization.
- Whether respondent violated the basic requirement for acknowledgment by notarizing without requiring personal appearance and attestation to the truth of the contents.
- Whether the circumstances and document infirmities showed irregular, improper notarization.
- Whether the penalty recommended by the Court Administrator and Deputy Court Administrator was warranted
- Whether suspension from office f...(Subscriber-Only)