Case Summary (A.C. No. 12081)
Facts of the Case
On January 5, 2005, Lopez purchased a parcel of land located at No. 362-A L. Ibarra Street, Tondo, Manila, originally titled under Aurea Munar Masangkay's name. Lopez discovered that this title had been cancelled on February 2, 1989, and a new title was issued to Placida Ronquillo based on a forged deed of sale notarized by Ramos. Masangkay later denied executing the deed, asserting her signature was forged while she was in Canada. In a related criminal case, Ramos was initially included as a defendant but was later dropped after reinvestigation.
Allegations of Professional Misconduct
Lopez alleged that Ramos prepared two deeds of sale for the same property: one for P130,000 and another for P30,000, with the latter intended to evade taxes. Lopez argued that Ramos was negligent for not verifying the identities of the signatories, particularly since the impostor significantly varied from the actual name of the property owner.
Respondent's Defense
Ramos contended that he only notarized one deed of sale for P130,000 and argued that Lopez's documents were inadmissible since they were not certified true copies. He further claimed that allegations of negligence were mere speculation and that at the time, the identification process utilized was adequate under the notarial laws of 1989.
Findings of the Investigating Commissioner
Commissioner Erwin L. Aguilera found Ramos administratively liable for failing to ascertain the identity of the vendor and for facilitating the evasion of tax obligations. The Commissioner recommended a one-year suspension from the practice of law, revocation of his notarial commission, and disqualification from future notarial appointments for two years.
Board of Governors Resolution
The IBP Board of Governors adopted the Commissioner’s findings but modified the penalties to include a six-month suspension from the practice of law. Ramos filed a Motion for Reconsideration, which was denied without further argument warranting a reversal of the original decision.
The Supreme Court's Ruling
The Supreme Court upheld the IBP's findings, emphasizing the need for a notary public to ensure that signatories personally appear before them and verify their identities. It ruled that Ramos's actions constituted gross negligence and were detrimental to the trust inherent in notarial acts.
Legal Responsibility and Penalties
Ramos’s notarial commission was revoked, and he was disqualified from reappointment
...continue readingCase Syllabus (A.C. No. 12081)
Introduction
- The case concerns an administrative complaint filed by Alberto C. Lopez against Atty. Rosendo C. Ramos for alleged violations of the Code of Professional Responsibility (CPR) and gross negligence as a notary public.
- The complaint alleges that the respondent aided in evading tax payments related to a property transaction and was involved in notarizing a forged deed of sale.
Background of the Case
- The complaint-affidavit was filed on May 27, 2014, detailing actions taken by the respondent on January 5, 2005, involving a parcel of land in Tondo, Manila.
- Lopez claimed he was the vendee of the property originally titled under Aurea Munar Masangkay’s name.
- The transfer of title to a new owner, Placida Ronquillo, was allegedly facilitated by a forged deed of sale notarized by Ramos.
Allegations Against the Respondent
- Notarization of Forged Documents: The respondent allegedly notarized two deeds of sale - one for P130,000.00 and another for P30,000.00 - to assist Ronquillo in minimizing tax payments.
- Misidentification: Lopez argued that Ramos failed to verify the identity of the individuals signing the deeds, particularly the impostor who signed as "Aurea Munar" instead of "Aurea Munar Masangkay."
- Gross Negligence: The complaint stated that Ramos did not take adequate steps to ensure the authenticity of the documents and the identities of the signatories.
Criminal Proceedings
- In related criminal proceedings, a case for Falsification of Public Document was filed against Ronquillo and others, where the responden