A.C. No. 10015 - Sia vs. Reyes

Petitioner Ruben S. Sia, acting in his capacity as the president and duly authorized representative of Ruby Shelter Builders and Realty Development Corporation, executed a Memorandum of Agreement (MOA) with Roberto L. Obiedo and Romeo Y. Tan.
The MOA provided that the corporation acknowledged its indebtedness of P95,700,620.00, to be settled by dacion en pago through the execution of deeds of absolute sale over five parcels of land, uniformly dated January 2, 2006, subject to the condition that the debt be paid before December 31, 2005.

Petitioner signed the five subject deeds, which had blank spaces for dates, and Obiedo and Tan subsequently took custody of these documents.
Amid ongoing negotiations regarding an error in computing the debt, petitioner held meetings with his creditors on January 3 and 4, 2006.
Petitioner later claimed that on January 3, 2006, during one such meeting held at Obiedo and Tan’s office in Naga City, respondent Atty. Tomas A. Reyes notarized the subject deeds by filling in the blank spaces without his prior knowledge, consent, or physical presence during the notarization process.

Petitioner alleged that the notarization took place without his genuine consent since it was not part of the intended purpose of the meeting, which was to settle a misunderstanding over the computation of the owed amount and not to finalize the deed transactions.
Notably, petitioner admitted to his physical presence at the meeting and acknowledged that his signature was present on the subject deeds, albeit contending that he did not authorize the notarization process as executed by respondent.

In support of his version, petitioner contended that the deeds were notarized without his express consent, which resulted in the unlawful loss of ownership and subsequent issuance of titles in favor of Obiedo and Tan.
Respondent, in his answer, averred that he personally confirmed with petitioner that the signature on the deeds was indeed his and that notarization was conducted in his presence.
The affidavits of Atty. Avelino V. Sales, Jr. and Atty. Salvador Villegas, Jr. were presented by respondent, both attesting to the events wherein petitioner affirmed his signature and presence during the notarization of the subject deeds.

The Integrated Bar of the Philippines-Board of Governors (IBP-BOG) and its Commission on Bar Discipline (CBD) investigated the matter.
The CBD recommended the dismissal of the administrative complaint against respondent, relying on the corroborative affidavits and noting the belated filing of petitioner’s complaint (four years and eight months after the notarization).
The IBP-BOG adopted the findings and recommendation, which were later affirmed in a denial of petitioner’s motion for reconsideration.

Whether respondent Atty. Tomas A. Reyes is administratively liable for grave misconduct and/or conduct unbecoming of a notary public.
Whether the notarization of the subject deeds, with petitioner’s mere physical presence and a casual confirmation of his signature, sufficed to establish the absence of his informed consent.