Case Digest (A.C. No. 2427)
Facts:
On February 19, 1992, Atty. Onofre P. Tejada filed a verified complaint against Judge Harold M. Hernando, who at that time was the Judge of the Court of First Instance of Abra, Branch I, located in Bangued. The complaint charged him with gross dishonesty and malpractice tied to actions he took prior to his appointment to the Bench on October 25, 1975. The allegations stemmed from a Resolution dated July 22, 1982, in which the Supreme Court decided to docket the complaint as an administrative case for disbarment. The bulk of the complaint detailed the alleged forgery of a Deed of Sale by Judge Hernando, which purported to have been executed on October 29, 1973, bearing the forged signature of the vendor, Vitaliano Quetulio, who had been deceased since August 15, 1955, as evidenced by his death certificate. The evidence indicated that Judge Hernando, who had represented Quetulio’s widow in a separate civil case, must have known that Quetulio was dead and that he had notarized the
Case Digest (A.C. No. 2427)
Facts:
- Parties and Background
- Complainant: Atty. Onofre P. Tejada.
- Respondent: Judge Harold M. Hernando, formerly Judge of the Court of First Instance (Abra, Branch I, Bangued).
- The administrative proceedings arose from a verified Complaint (dated 19 February 1992) charging Respondent with gross dishonesty and malpractice.
- Allegations and Charges
- Alleged Forgery in the Deed of Sale
- Respondent prepared and notarized a Deed of Sale on 29 October 1973 allegedly containing the forged signature of vendor Vitaliano Quetulio.
- Evidence (Certificate of Death) showed that Vitaliano Quetulio died on 15 August 1955, which directly contradicts the possibility of his having signed the deed in 1973.
- Respondent, as counsel to the widow Felipa vda. de Quetulio in Civil Case No. 4743-II, was aware of Vitaliano’s death and other material facts regarding the properties involved.
- Alleged Forgery in the Deed of Revocation and Acknowledgement of Ownership
- Respondent signed as a witness on a Deed of Revocation and Acknowledgement of Ownership on 2 July 1977 which purportedly canceled the forged Deed of Sale.
- However, it is alleged that the document was also tainted by forgery since Fermin Edra, the vendee, had died on 30 May 1977 as evidenced by his own Certificate of Death.
- Procedural History and Developments
- The Complaint was docketed as an administrative case for disbarment in a Resolution dated 22 July 1982, with the case referred to the Solicitor General for investigation and recommendation.
- Respondent’s Status Change
- Respondent ceased to be a member of the Judiciary following non re-appointment brought by the reorganization under Batas Pambansa Blg. 129.
- Respondent’s Denials and Defense
- In his Comment and Answer dated 15 March 1982 and in a letter of 20 March 1982, Respondent denied the charges by contending that the forged Deed of Sale was revoked, canceled, and rendered ineffective by the subsequent Deed of Revocation.
- He further claimed no involvement in the forged signature in the Deed of Revocation, attributing that responsibility to Notary Public Eligio J. Rios.
- Subsequent Developments
- On 9 November 1982, Complainant filed a Motion to Dismiss or Withdraw the Complaint, based on a realization error regarding the facts.
- An unverified Manifestation by Respondent (dated 10 January 1982/1983) asserted that Vitaliano Quetulio, who was thought dead, had reappeared in 1973 under a new identity alongside his supposed widow.
- On 16 March 1989, the case records were forwarded to the Integrated Bar of the Philippines (IBP) pursuant to Rule 139-B of the Revised Rules of Court.
- On 29 November 1990, the IBP Board of Governors, after a hearing (where only the Respondent appeared), recommended a six-month suspension of the Respondent from the practice of law.
- On 13 January 1992, Respondent filed a Memorandum reiterating his earlier defenses, also arguing that the IBP Resolution itself was tainted by corruption and abuse of discretion.
- Documentary and Evidentiary Basis
- Certificates of Death
- Vitaliano Quetulio’s Certificate of Death dated 15 August 1955.
- Fermin Edra’s Certificate of Death dated 30 May 1977.
- Notarized Documents Filing
- The Deed of Sale (notarized on 29 October 1973) contained inconsistencies, notably misstatements regarding Vitaliano’s marital status and the property title’s litigation status.
- The Deed of Revocation and Acknowledgement of Ownership (dated 2 July 1977) was allegedly executed under false pretenses given the impossibility of the vendee’s signature.
Issues:
- Whether Respondent’s act of notarizing the Deed of Sale, knowing that Vitaliano Quetulio had died decades earlier, constitutes gross professional misconduct.
- Did Respondent notarize a document containing explicit falsifications despite being in a position of trust and close knowledge of the facts?
- Was Respondent aware of or willfully ignorant of the discrepancies (e.g., the vendor’s status, property title issues) during his notarization?
- Whether the act of signing as a witness to the Deed of Revocation and Acknowledgement of Ownership, despite evidence that the purported signatory (Fermin Edra) was already deceased, further constitutes misconduct.
- Does the execution of a document revoking a fraudulent deed, when the witness’s signature was also illegitimate, aggravate the respondent’s misconduct?
- Whether the subsequent Motion to Dismiss or Withdraw the Complaint by the complainant forfeits the administrative proceedings or mitigates the respondent’s misconduct.
- How does Section 5, Rule 139-B, affecting the termination of proceedings by desistance or withdrawal, apply in this case?
- Whether Respondent’s defenses, including the claim that the forged Deed of Sale was rendered null by its revocation and the unverified manifestation regarding Vitaliano Quetulio’s alleged reappearance, are credible or sufficient to exonerate him.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)