Case Summary (A.C. No. 4958)
Complaint Details and Response
The complainant asserted his tenant rights over the land subject to the sale, highlighting his history of lawful tenancy since 1960 and the subsequent illegal possession by the spouses Antonio and Fe Perez. Aquino's position was bolstered by various attachments to his complaint, including government reports, the death certificate of Lilia Cardona, and previous court decisions. Respondent Atty. Oscar Manese refuted the claims stating that the complainant lacked standing due to no direct legal claim over the land, further arguing that as a notary, he could not be expected to know all parties appearing before him.
Investigation and Findings
The case was then referred to the Integrated Bar of the Philippines (IBP) for investigation upon resolution by the court, as respondent failed to attend scheduled hearings citing health and counsel issues. The IBP later reported that Manese was gravely negligent regarding his duties as a notary public. The IBP's Board of Governors modified the initial recommendation of a commission revocation to a suspension of two years.
Legal Basis and Jurisdiction
The court reiterated that as a tenant, Aquino had sufficient standing to contest the validity of the deed, emphasizing that the proceedings could be initiated based on complaints from any interested party. The court also noted the importance of adhering to notarial laws, highlighting the need for notaries to personally verify the identities of individuals signing documents to maintain public confidence in notarial acts.
Acknowledgment of Misconduct
The court documented Lilia Cardona's death and noted that the National Bureau of Investigation's findings confirmed that the signature on the Deed of Absolute Sale did not match her known signatures. Despite respondent's claims of procedural neglect, his failure to ensure the legitimacy of the transactions and the identity of signatories represented a serious breach of his obligations as a notary public.
...continue readingCase Syllabus (A.C. No. 4958)
Case Overview
- Complainant: Fidel D. Aquino, a tenant of the land subject to the Deed of Absolute Sale.
- Respondent: Atty. Oscar Manese, a Notary Public implicated in the notarization of a fraudulent document.
- Case Reference: A.C. No. 4958, decided on April 3, 2003.
- Court: Third Division of the Supreme Court of the Philippines.
Background of the Complaint
- Filing of Complaint: Fidel D. Aquino filed a sworn letter-complaint dated September 7, 1998, alleging that Atty. Oscar Manese falsified a public document.
- Nature of Allegation: The complaint centers around a Deed of Absolute Sale dated September 15, 1994, which purportedly involved Lilia D. Cardona as a vendor-signatory, despite her death on November 25, 1990.
- Property Involved: The land in question was historically farmed by Aquino since 1960 as a tenant of the deceased owner, Luis M. Cardona.
Details of the Deed of Absolute Sale
- Execution of the Deed: The sale was allegedly executed and notarized without Aquino's knowledge, transferring ownership of the land to Ma. Cita C. Perez, the daughter of the spouses Antonio and Fe Perez.
- Historical Context: The land was unlawfully taken by the spouses Perez in 1975, which led to legal disputes recognizing Aquino as the lawful tenant.
Respondent's Defense
- Lack of Standing: Atty. Manese contended that Aquino lacked the legal standing to file the complaint, asserting that no interested party had raised concerns regarding the sale.
- Notarial Duty: Manese cl