Case Summary (A.C. No. 12408)
Factual Antecedents
The late Peregrina Dela Rosa owned a parcel of land in Quezon City. Upon her death in November 2002, her property was to be inherited by Venson and his siblings, who did not partition it. In March 2015, Venson and his siblings discovered that an Extrajudicial Settlement had been executed in 2014, allegedly notarized by Atty. Belaro, under which the title to the property was canceled. Irregularities in the notarized documents, including forged signatures and discrepancies in the execution dates, led Venson to file a complaint.
Procedural History
Venson's complaint included various versions of the Extrajudicial Settlement and a Deed of Absolute Sale involving the subject property that were also notarized by Atty. Belaro. This prompted an investigation by the Commission on Bar Discipline (CBD) of the Integrated Bar of the Philippines (IBP), which set up a mandatory conference. Atty. Belaro subsequently claimed that his signature had been forged and that he did not notarize the documents in question.
Investigation Findings
The Investigating Commissioner reported that Atty. Belaro’s signatures on the Extrajudicial Settlement appeared forgeries, differing significantly from his genuine signatures. Despite this, Atty. Belaro was found negligent for not securing his notarial seal properly, allowing it to be used without his consent. The commissioner recommended suspension and revocation of Atty. Belaro's notarial commission.
IBP Board of Governors' Resolution
The IBP Board of Governors (BOG) modified the Investigating Commissioner’s recommendations, imposing a two-year disqualification from being a notary public and a three-month suspension from law practice. Atty. Belaro filed a Motion for Reconsideration, claiming the findings lacked substantial evidence.
Court's Ruling on Due Process
The Court found no violation of Atty. Belaro’s due process rights, noting that he had ample opportunity to present his case. The IBP communicated adequately with Atty. Belaro regarding the proceedings, satisfying the minimum standards for administrative due process.
Liability for Breach of Notarial Law
The Court found that Atty. Belaro was liable for breaching notarial law as his notary seal was affixed to documents that he did not authenticate. Despite claiming forgeries on signatures for some documents, he failed to secure his seal and neglected his duties as a notary public.
Appropriate Penalty to be Imposed
The Court decided on a suspension of six months from law practice and the revocation of Atty. Belaro's existing notarial commission, alongside a two-year prohibition from reappointment as a notary.
Dismissal of Joint Motion to Dismiss
The Court held that the filing of a Joint Motion to Dismiss and an Affidavit of Desistance from Venson did not negate the basis for the complaint. T
...continue readingCase Syllabus (A.C. No. 12408)
Overview of the Case
- Complainant Venson R. Ang seeks the disbarment of respondent Atty. Salvador B. Belaro, Jr. for alleged violations of the 2004 Rules on Notarial Practice and the Code of Professional Responsibility.
- The case revolves around the alleged fraudulent notarization of documents related to a property inherited by Venson and his siblings after the death of their mother, Peregrina Dela Rosa.
Factual Antecedents
- Peregrina Dela Rosa owned a property covered by Transfer Certificate of Title No. 52899 located in San Francisco del Monte, Quezon City.
- Venson was appointed as the administrator of this property in 1982. Following Peregrina's death on November 24, 2002, the property was inherited by Venson and his siblings.
- The siblings never partitioned the property or assigned their rights.
- On March 6, 2015, they discovered that the title to the property was canceled due to an Extrajudicial Settlement of Estate Among Heirs, allegedly executed on March 26, 2014, which was notarized by Atty. Belaro.
- The complainant and his siblings claimed they did not personally appear or sign the document, leading to suspicions regarding its authenticity.
Irregularities Found in the Notarized Documents
- Several discrepancies were noted in the notarized Extrajudicial Settlement:
- Misspelling of names and missing information regarding family members.
- The document claimed to be executed while the property title was still in the name of Peregrina as late as July 2014.
- The documents showed different witnesses and lacked proper signatures from deceased family members.
- Venson also found that Atty. Belaro notarized a Deed of Absolute Sale and an Acknowledgment Receipt related to the property, further complicating the situation.
Proceedings Before the Integrated Bar of the Philippines (IBP)
- On Apr