Case Summary (G.R. No. 147671)
Background of the Case
On May 28, 2009, Boers filed a complaint against Calubaquib with the Commission on Bar Discipline, claiming he violated notarial rules related to the notarization of a Deed of Sale involving property co-owned by her and her siblings. Following a series of procedural actions, including conferences and submissions of position papers, the Commission issued a Report and Recommendation to the Integrated Bar of the Philippines (IBP) Board of Governors, which was subsequently approved.
Allegations and Evidence
Boers argues that she could not have signed the Deed of Sale dated October 16, 1991, as she was in Canada at that time, supported by her passport showing her departure from the Philippines on December 20, 1990. She also highlighted procedural deficiencies such as the absence of identification requirements in the notarization.
A significant discovery by Boers revealed that the notarized document supposedly did not exist in Calubaquib’s notarial file at the National Archives, raising questions about the validity of the notarization.
Respondent’s Defense
Calubaquib defended himself by asserting that Boers did sign the Deed of Sale. He presented a joint affidavit from Boers' relatives claiming that while the document was initially signed, it was not immediately notarized due to subsequent negotiations over the purchase price. Crucially, they noted that Boers was not in the country when the final notarization took place.
Commission's Findings and Recommendations
The Commission ultimately recommended a two-year suspension from practice for Calubaquib, revocation of his notarial commission, and a perpetual prohibition from serving as a notary public due to violations of notarial regulations. The IBP adopted this recommendation with the addition of a stern warning regarding the repetition of similar conduct.
Court Rulings
The Court upheld the findings of both the Commission and the IBP. It reaffirmed that Calubaquib violated the rules governing notarial acknowledgment by notarizing a document without the actual presence of all signatories at the time of notarization. The ruling emphasized that such notarization lacks legitimacy as it contravenes the fundamental notarial requirement ensuring parties' voluntary presence to safeguard against fraudulent acts.
Further Violations Identified
It was established that Calubaquib not only failed to properly notarize the document but also neglected mandatory recording requirements, which is critical for public trust in notarized documents. The absence of the Deed of Sale in his notarial registry further supported claims of
...continue readingCase Syllabus (G.R. No. 147671)
The Case
- On May 28, 2009, Jean Marie S. Boers filed a complaint-affidavit against Atty. Romeo Calubaquib before the Commission on Bar Discipline, alleging violations of the Rules on Notarial Practice.
- Boers sought disciplinary action against Calubaquib for his conduct related to a Deed of Sale that she claims was fraudulently notarized without her presence.
- The Commission directed Calubaquib to respond and later conducted a mandatory conference, after which both parties submitted their position papers.
- On May 23, 2011, the Commission submitted its Report and Recommendation to the Integrated Bar of the Philippines (IBP) Board of Governors, which was approved and forwarded to the Supreme Court.
The Facts
- Boers and her siblings co-own parcels of land in Tuguegarao City, covered by a transfer certificate of title.
- In October 2008, Boers discovered an adverse claim on their land made by Isaac Gavino, based on a purported Deed of Sale dated October 16, 1991.
- Boers' signature appears on the Deed of Sale, which was notarized by Calubaquib on the same date.
- Boers contended that she was in Canada on the notarization date, supported by her passport and visa, which indicated she left the Philippines on December 20, 1990.
- She highlighted the lack of a residence certificate number or any competent identification in the notarization records.
- The National Archives confirmed that the Deed of Sale was not in Calubaquib&