Case Summary (A.C. No. 12624)
Background Facts
The complainant is the registered owner of a parcel of land in Quezon City, covered by Transfer Certificate of Title No. 46664. In September 2013, he discovered that an individual named Frederick Bonamy was in possession of a Deed of Absolute Sale purportedly signed by him and his wife, Teresita. The couple never authorized the sale and did not sign any documents regarding the property, as Teresita had been residing in the United States since December 2013. After confirming the fraudulent nature of the transaction, complainant filed a complaint against both attorneys with the Integrated Bar of the Philippines-Commission on Bar Discipline (IBP-CBD) on January 29, 2015.
Allegations Against Respondents
The complainant asserted that both Atty. Ayon-Ayon and Atty. Mananquil violated Administrative Matter No. 02-8-13-SC (2004 Rules on Notarial Practice) by not requiring the physical presence of the Leonors during notarization of the relevant documents. Specifically, Atty. Ayon-Ayon notarized the Deed on March 13, 2014, while Atty. Mananquil notarized the Sworn Statement on April 15, 2014. The absence of the complainant and his wife at the executions was critical to the allegations.
Response from Attorneys
Atty. Mananquil claimed he did not notarize the Sworn Statement and provided a certification proving that it was not among the documents reported by him. He alleged that his name had been used fraudulently by others. Conversely, Atty. Ayon-Ayon contended that he conducted due diligence, asserting the Spouses Leonor and Bonamy had personally appeared before him and presented appropriate identification.
Findings of the IBP-CBD
The IBP-CBD, through Investigating Commissioner Rico A. Limpingco's Report and Recommendation on January 11, 2016, recommended dismissing the complaint against Atty. Mananquil and revoking Atty. Ayon-Ayon's notarial commission due to negligence. The Board of Governors of the IBP modified the recommendation by extending the suspension period for Atty. Ayon-Ayon from three to six months and disqualifying him from being commissioned as a notary for two years.
Reconsideration Motion
Dissatisfied with the resolution, Atty. Ayon-Ayon filed a Motion for Reconsideration presenting arguments related to his supposed due diligence and the existence of altered documents post-notarization. He subsequently filed a Supplemental Motion reiterating that the notarized Deed attached to his answer differed from the one submitted by the complainant and that the alterations occurred after his notarization.
Conclusion of the IBP-BOG
On May 9, 2019, the IBP-BOG reversed its prior ruling, concluding that Atty. Ayon-Ayon had properly p
...continue readingCase Syllabus (A.C. No. 12624)
Introduction
- This case involves a verified complaint filed by Manuel R. Leonor (complainant) against Attys. Dickson C. Ayon-Ayon and Eulogio C. Mananquil, Jr. for violations related to notarial practices.
- The complaint was lodged with the Integrated Bar of the Philippines - Commission on Bar Discipline (IBP-CBD) on January 29, 2015.
Background of the Case
- The complainant is the registered owner of a parcel of land in Project 6, Quezon City, covered by Transfer Certificate of Title (TCT) No. 46664.
- In September 2013, Leonor learned that a person named Frederick Bonamy possessed a Deed of Absolute Sale purportedly signed by him and his wife, Teresita R. Leonor.
- Leonor informed Bonamy that the property was not for sale and that he and his wife did not sign any such document.
- By June 2014, Leonor discovered that the title to the property had been canceled and reissued in the names of Bonamy and his wife, Jane Anne C. Bonamy, facilitated by a Deed notarized by Atty. Ayon-Ayon and a Sworn Statement notarized by Atty. Mananquil.
Allegations Against Respondents
- The complainant alleged that he and his wife did not sign the Deed or appear before the notaries when the documents were executed.
- Teresita R. Leonor had been residing in the United States since December 2013, which precluded her from signing the documents.
- Subsequently, Leonor filed an adverse claim on Bonamy's title and initiated legal action for falsification and reconveyance of title against Bonamy.
Respondents' Defense
- A