Case Summary (A.C. No. 4738)
Factual Background
Cesar B. Flores, the alleged donor, was related to the respondent through his marriage to Maria Eugenia Gamad Flores, the respondent’s wife. The deed of donation, which is under scrutiny, purportedly transferred ownership of the land from Cesar to Gregorio Gamad Flores, with Atty. Virgilio Garcia involved as the notary public. The involved parties are closely related, and the legal implications of this relationship are significant.
Findings of the Investigating Commissioner
The Investigating Commissioner of the Integrated Bar of the Philippines found that the signature on the deed of donation did not match the standard signatures of Cesar B. Flores, as confirmed by a forensic examination conducted by the PNP Crime Laboratory. The Regional Trial Court of Pasig subsequently ruled in Civil Case No. 65883 that the deed of donation was falsified and declared it null and void. This ruling contradicted the opinion of the Investigating Commissioner, who recommended dismissal of the charges against Atty. Garcia.
Disciplinary Recommendations
While the Investigating Commissioner suggested dismissal of the case, the Integrated Bar of the Philippines decided to impose a suspension of two years instead. Nevertheless, the reviewing body perceived the recommended penalty as insufficient given the severity of the misconduct.
Legal Obligations of a Notary Public
Act 2103, Section 1 specifies that a notary public must ensure that the person acknowledging the document is indeed the signatory and that the acknowledgment reflects the individual's free act and deed. Respondent Garcia's actions in notarizing a falsified document constituted a blatant disregard for this obligation, which is central to ensuring the integrity of legal documents.
Respondent's Defense
Respondent Garcia argued that the deed was authentic and that he merely assisted his father-in-law in its execution. However, the evidence contradicted this claim, particularly given the forensic analysis and the lack of a submitted copy of the notarized document to the Office of the Clerk of Court in Pasig City, a requirement for notaries.
Negligence in Notarial Duties
Garcia's rationale regarding the missing copy was dismissed as trivial. The Court emphasized that the responsibility to retain certified copies of notarized documents falls squarely on the notary public, and he cannot delegate this responsibility to subordinates or clients.
Active Participation in Fraud
Atty. Virgilio Garcia was appointed attorney-in-fact for Gregorio Flores, the donee, which put him in a pivotal role regarding the property. His actions demonstrated an intent to benefit personally from the fraudulent deed. The ongoing negotiations to sell the property further illustrated his involvement in fraudulent activities designed to deceive other parties.
Professional Responsibility of Lawyers
As a lawyer, Garcia bore a more significant responsibility, dictated by his oath to uphold the law and avoid deceitful conduct. The Court highlighted that both legal and ethical obligations bind a lawy
...continue readingCase Syllabus (A.C. No. 4738)
Case Overview
- This case involves a petition for disbarment against Atty. Virgilio R. Garcia for the alleged falsification of a deed of donation and for notarizing the same.
- The complaint arises from the actions taken by Atty. Garcia involving a parcel of land in Bagong Ilog, Pasig.
Background of the Parties
- Complainant: Violeta Flores-Alitagtag, one of the children of Cesar B. Flores from his legitimate marriage.
- Respondent: Atty. Virgilio R. Garcia, married to Maria Eugenia Flores, who is a daughter of Cesar B. Flores from his second family with Magdalena Gamad.
Factual Findings
- Cesar B. Flores had two families:
- The first with Veronica Don, from whom he was legally separated and had eight children.
- The second with Magdalena Gamad, with whom he had four children, including Maria Eugenia Flores.
- The Deed of Donation in question involved land covered by TCT No. 326475, where:
- Cesar B. Flores was the alleged donor.
- Gregorio Gamad Flores, brother of Maria Eugenia, was the donee.
- Atty. Garcia notarized the deed and acted as the attorney-in-fact for Gregorio.
Examination of the Deed of Donation
- The PNP Crime Laboratory found discrepancies in the signature of Cesar B. Flores on the deed, determining that the signature did not match his standard signatures.
- The Region