Case Summary (A.C. No. 10859)
The Complaint and Allegations
On June 22, 2006, Atty. Parado performed notarial acts on a Real Estate Mortgage and an accompanying Affidavit involving RC Lending Investors, Inc. and several members of the Japitana family. Subsequent actions by RC Lending to foreclose the mortgage prompted Fatima to contest the validity of the notarized documents, claiming that the signatures were forged and that Atty. Parado failed to require proper identification from the signatories, including her sister Theresa, who reportedly suffered from schizophrenia.
Proceedings Before the IBP
The Integrated Bar of the Philippines (IBP) initiated proceedings against Atty. Parado. A series of notices and mandatory conferences were scheduled, but Atty. Parado persistently failed to appear or submit essential documents, leading to the termination of the mandatory conference and a requirement for both parties to submit position papers. Fatima maintained her allegations against Atty. Parado, while he neglected to present a defense.
Investigation and Findings
Commissioner Oliver A. Cachapero conducted an investigation and submitted a Report and Recommendation on October 31, 2011. He acknowledged Atty. Parado’s claim that the mortgagors and witnesses appeared before him, but found discrepancies in Atty. Parado's testimony regarding his notarial commission, which contradicted the certification from the Clerk of Court indicating he had no commission for 2006. Despite this, Commissioner Cachapero did not find substantial evidence of forgery.
IBP Board of Governors' Resolution
On September 27, 2014, the IBP-Board of Governors (BOG) decided to revoke Atty. Parado's notarial commission and disqualified him from future appointments as a notary public for two years. Additionally, he was suspended from the practice of law for six months due to his dishonesty in claiming a valid notarial commission up to 2008 and ignoring notices from the commission.
The Court's Ruling
The Court upheld the recommendations of the IBP BOG but deemed the penalties inadequate, especially considering Atty. Parado’s unlawful notarization activities in 2006 without a valid commission. It referenced the 2004 Rules on Notarial Practice, emphasizing that a notary public without a valid commission acts beyond their authority and contravenes the ethical obligations expected of legal practitioners. The Court noted the impact of unauthorized notarizations on public trust and the integrity of legal documentation.
Final Penalty Imp
...continue readingCase Syllabus (A.C. No. 10859)
Case Overview
- The case involves a complaint filed by Maria Fatima Japitana (Complainant) against Atty. Sylvester C. Parado (Respondent), primarily concerning allegations of unauthorized notarial acts, notarizing forged documents, and failure to require sufficient identification from signatories.
- The complaint was addressed by the Integrated Bar of the Philippines (IBP) and culminated in a decision issued by the Supreme Court on January 26, 2016.
Background of the Complaint
- Complainant Fatima accused Atty. Parado of notarizing a Real Estate Mortgage and an Affidavit without proper authority, as he was not commissioned to act as a notary public during the relevant time.
- The Real Estate Mortgage involved RC Lending Investors, Inc. as mortgagee and Fatima's family members as mortgagors.
- The mortgage documents were purportedly signed by family members, including those who were allegedly incapable of granting consent due to mental health issues.
Details of Notarization
- On June 22, 2006, Atty. Parado notarized documents related to the mortgage of a parcel of land, the family home of the Japitanas.
- The documents were contested by Fatima, who claimed the signatures were forged and that Atty. Parado did not ask for valid identification from the signatories.
- Fatima's sister was noted to have been diagnosed with schizophrenia, raising questions about her abilit