Case Summary (G.R. No. 9459)
Petitioner
Jessie T. Campugan and Robert C. Torres
Respondents
Atty. Federico S. Tolentino, Jr. (counsel for the Ricaforts)
Atty. Daniel F. Victorio, Jr. (initial counsel for complainants)
Atty. Renato G. Cunanan (Deputy Register of Deeds, Quezon City)
Atty. Elbert T. Quilala (Chief Registrar, Quezon City)
Atty. Constante P. Caluya, Jr. (acting Registrar of Deeds, Quezon City)
Key Dates
– August 24, 2006: Complainants discover TCT RT-64333(35652) replaced by TCT N-290546.
– January 2007: Civil Case No. Q-07-59598 filed in RTC Quezon City.
– February 26, 2008: Motion to withdraw complaint filed.
– May 16, 2008: RTC order granting withdrawal of complaint and counterclaim.
– June 30, 2008: Letter-request seeking cancellation of annotations filed with the Registry of Deeds.
– March 30, 2009: LRA sets Consulta No. 4707 for hearing.
– July 6, 2009: Supreme Court requires respondents to comment.
– August–September 2009: Respondents file comments.
– August 26, 2010: Second disbarment complaint against Atty. Caluya, Jr. (A.C. No. 8725).
– March 11, 2015: Supreme Court decision dismissing complaints.
Applicable Law
– 1987 Philippine Constitution
– Code of Professional Responsibility: Canon 1 (duty to avoid deceit), Canon 7 (uphold dignity of the profession), Canon 18 (competence and diligence) and Rules 1.01, 1.04, 18.03, 18.04
– Rule 138, Sec. 27, Rules of Court (grounds for disbarment)
– Presidential Decree No. 1529 (Property Registration Decree): Sec. 10 (duties of Registers of Deeds) and Sec. 117 (consulta procedure)
Factual and Procedural Background
Complainants impleaded Ramon and Josefina Ricafort, Juliet Vargas and the Register of Deeds of Quezon City in seeking annulment of TCT N-290546. They annotated their adverse claim and lis pendens on that title. During the RTC proceedings, parties executed an amicable settlement: complainants would sell the property and divide proceeds equally, and the complaint and counterclaim would be withdrawn. The RTC granted the withdrawal on May 16, 2008.
Discovery of New Annotations and LRA Appeal
After the withdrawal order, complainants could not locate Atty. Victorio, Jr. Upon checking the Registry of Deeds, they discovered:
- Annotation of a letter-request (June 30, 2008), signed by Ramon Ricafort and notarized by Atty. Tolentino, Jr., seeking cancellation of their adverse claim and lis pendens.
- Annotation of the May 16, 2008 RTC order.
They filed Consulta No. 4707 with the Land Registration Authority, but its resolution remains unclear.
Grounds for Disbarment Complaints
Complainants charged respondents with:
– Falsifying or fraudulently procuring the RTC order and letter-request.
– Conspiracy between counsel (Victorio, Tolentino) and registry officials (Quilala, Cunanan, Caluya).
– Abandonment of complainants by Atty. Victorio, Jr. after May 16, 2008.
Respondents’ Comments and Defenses
– Atty. Victorio, Jr.: Denied abandonment; performed duties in RTC case; separate engagement required for LRA case; received only appearance fees.
– Atty. Tolentino, Jr.: Denied conspiracy; notarized letter-request without knowledge of its disposition; motive to harass.
– Atty. Quilala: Cancellation of annotations was ministerial; actual signatory was Atty. Caluya, Jr.; no irregularity.
– Atty. Cunanan: No comment.
– Atty. Caluya, Jr.: Adopted Atty. Quilala’s comment and denied forgery.
Disbarment and Registrar Duties—Legal Standards
A lawyer may be disciplined for dishonesty, gross misconduct or breach of professional oath (Section 27, Rule 138). Canon 7 and Rule 1.01 prohibit deceitful conduct; Canon 1.04 promotes settlement. Under PD 1529 Sec. 10, cancellation or registration of instruments by a Register of Deeds is a purely ministerial act—limited to formal compliance. Di
Case Syllabus (G.R. No. 9459)
Antecedents
- Complainants Jessie T. Campugan and Robert C. Torres brought Civil Case No. Q-07-59598 in the RTC of Quezon City to annul TCT No. N-290546, impleading the Ricaforts, Vargas, and the Register of Deeds.
- In early January 2007, Atty. Daniel F. Victorio, Jr. replaced the original counsel; the complainants caused annotation of their affidavit of adverse claim and notice of lis pendens on TCT No. N-290546.
- The complainants had inherited TCT No. RT-64333(35652) but discovered on August 24, 2006 that it was cancelled and replaced by TCT No. N-290546 in the names of Ramon and Josefina Ricafort.
- During the RTC proceedings, the parties entered into an amicable settlement: complainants agreed to sell the property, split proceeds equally, and withdraw complaint and counterclaim.
- Pursuant to the settlement, Atty. Victorio filed a Motion to Withdraw Complaint on February 26, 2008; RTC Branch 95 granted it on May 16, 2008 without objection from the defendants.
Unlawful Cancellations and Annotations
- After May 16, 2008, complainants could not locate Atty. Victorio and discovered two new annotations on TCT No. N-290546:
- A letter-request (dated June 30, 2008), appearing to be filed by Atty. Tolentino, seeking cancellation of the adverse claim and lis pendens.
- The RTC’s May 16, 2008 order granting withdrawal of complaint, annotated by the Registry of Deeds.
- Verification showed the letter-request was signed by defendant Ramon Ricafort and addressed to Atty. Elbert T. Quilala, Registrar of Deeds.
Administrative and Disbarment Proceedings
- Complainants filed Consulta No. 4707 with the Land Registration Authority on March 30, 2009, assailing the cancellation of primary entries PE-2742 and PE-3828-9; records are silent on its resolution.
- Feeling abandoned by Atty. Victorio, Jr., and alleging a conspiracy among counsel and registrars, complainants filed:
- A.C. No. 8261 (disbar