Case Summary (A.C. No. 10249)
Allegations Against Atty. Eric P. Subia
Virgilio Jr. alleged that Atty. Subia improperly notarized a Deed of Absolute Sale executed on June 24, 2011, despite knowing that the signatories, Placido and Telesfora, had passed away long before this date. The complaint stated that the notarized deed facilitated the transfer of land ownership to an individual named Pete Gerald L. Javier, which the heirs contested as fraudulent due to the notarization of deceased individuals.
Respondent's Defense
In response, Atty. Subia denied any wrongdoing, claiming that he did not prepare the disputed document and that his signature was forged. He exhibited a certification from the Office of the Clerk of Court in Cauayan confirming that another document, not the disputed deed, was recorded under the same docket number.
Proceedings Initiated by the IBP
The Integrated Bar of the Philippines (IBP) received the case for investigation after the Supreme Court referred it. Following an initial review and the unfortunate death of the complainant due to a gunshot wound, Atty. Subia filed a motion arguing for dismissal based on the complainant's death and the alleged invalidity of the Special Power of Attorney (SPA) utilized by the complainant’s father.
Findings of the IBP
The IBP found Atty. Subia liable for violations of the Notarial Rules, noting that he showed negligence by not ensuring the identities of the signatories were verified. Their report emphasized that Atty. Subia's undenied presence of his notarial seal and signature on the deed signified accountability, despite his claims of forgery.
Court Ruling on Proceedings
The Court determined that the death of the complainant did not halt the disciplinary proceedings, emphasizing the sui generis nature of such actions aimed at upholding the integrity of the legal profession. The Court also ruled that Virgilio Sr. could not substitute his son in the complaint due to the stipulations regarding the SPA.
Violation of Notarial Rules
The Court affirmed the IBP’s conclusions regarding Atty. Subia’s negligence in executing his duties as a notary public. Specific sections of the Notarial Rules
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Introduction
- The case involves an administrative complaint filed by Virgilio C. Rigon, Jr. against Atty. Eric P. Subia, seeking disbarment due to alleged violations of the 2004 Rules on Notarial Practice.
- The complaint raises serious allegations regarding the notarization of a Deed of Absolute Sale involving deceased individuals.
Factual Background
- Virgilio C. Rigon, Jr. was authorized by the heirs of Placido Rigon to file a complaint.
- Placido Rigon was the registered owner of a parcel of land in Cabatuan, Isabela, which has undergone several title registrations.
- On June 24, 2011, a Deed of Absolute Sale was executed, allegedly notarized by Atty. Subia, transferring a portion of the subject land to Pete Gerald L. Javier.
- It was claimed that both Placido (deceased since 1940) and his wife Telesfora (deceased since 1961) were falsely represented as signatories to the Deed.
Allegations Against Atty. Subia
- The complainant asserted that Atty. Subia notarized the Deed without the presence of the deceased individuals and without the required witnesses.
- Verification with the Office of the Clerk of Court revealed that the docket number cited by Atty. Subia related to a different document, further exacerbating the allegations against him.
Atty. Subia's Defense
- Atty. Subia denied the allegations, claiming he di