A.M. No. 2505-MJ - Salomon vs. Blanco

Case Summary (A.M. No. 2505-MJ)

Administrative Complaint and Core Allegations

Salomon alleged that she was the registered pro-indiviso owner of the property described in Transfer Certificate of Title No. 5333. She stated that in 1972 she discovered that the property had been conveyed to Araceli Calimbas through an Extra-Judicial Partition and Deed of Absolute Sale, allegedly executed by Salomon and her two nephews and notarized by Blanco in his capacity as Ex-Officio Notary Public. She denied ever ceding or conveying the property and asserted that she and her nephews never appeared before the respondent judge to execute the instrument nor exhibited their residence certificates. She further alleged that Abraham Gatdula was then thirteen or fourteen years old and therefore did not have the residence certificate required for proper notarization. Salomon submitted a certified xerox copy of the instrument for examination by the Crime Laboratory in Camp Crame, Quezon City, which allegedly found that the signatures of Salomon and Abraham Gatdula were forged.

Respondent’s Position and the Procedural Setting

Judge Blanco admitted that he notarized the questioned document in his capacity as Ex-Officio Notary Public, but he claimed that the instrument was regularly and legally made and that he complied with the formalities of law. He disputed the Crime Laboratory findings, alleging that the complaint did not specify whose specimen signatures had been submitted and when they were written in the effort to determine genuineness. He also denied that his participation in the registration of the property was illegal or irregular and asserted that the complaint was meant to harass him. He additionally invoked the existence of pending Civil Case No. 3861 for nullification of the document and titles, and sought suspension of the administrative proceedings until that civil case had finally terminated. The executive judge denied the motion on August 26, 1974, requiring Blanco to file an answer, which he did on September 6, 1974.

Adoption of Evidence From Civil Case No. 3861

As Civil Case No. 3861 involved the same parties and raised related factual questions, counsel for Salomon moved to have evidence in Civil Case No. 3861 adopted in the administrative case. In an Order dated March 9, 1977, Hon. Abraham P. Vera found the motion meritorious and required the parties to submit the relevant written motion and/or offers of evidence so that evidence could be considered in the administrative case. The parties then agreed to suspend investigation in Administrative Case No. 23 (later docketed as AM 2505-MJ) until Civil Case No. 3861 ended, because the evidences adduced there would be adopted in the administrative case.

Findings of Document Infirmities and Notarial Irregularities

The investigating judge, upon examining the records and documents, identified visible and apparent discrepancies in the instrument and supporting entries. These included inconsistencies regarding the death dates of Ramon Gatdula and Josefa; visible differences between Abraham’s signatures on different portions of the document; intercalations in handwriting regarding the notarial characterization and an added phrase related to the officiating capacity and date; and irregularities regarding residence certificates allegedly exhibited by the nephews and Salomon. The investigating judge reasoned that these defects suggested the document was inaccurately and hurriedly prepared, with vital data mis-stated and necessary details added.

The judge also concluded that Blanco was negligent for failing to require the vendees (Salomon and Abraham Gatdula) to personally appear before him and attest to the truth of the contents of the instrument, which the record treated as a basic requirement of an acknowledgment. The investigating judge viewed Blanco’s act of ratifying and notarizing the instrument despite infirmities and intercalations as indicative of haste and carelessness. The Court Administrator and Deputy Court Administrator memoranda treated these matters as supported by evidence, emphasizing that the questioned signatures were found to be forged and that the notarial act facilitated the conveyance and eventual registration of the property in Araceli Calimbas’s name.

The Related Civil Case and Its Dispositive Ruling

In Civil Case No. 3861, titled “Francisca Salomon, et al. vs. Araceli Calimbas, et al.”, the Court of First Instance of Bataan rendered a decision on May 5, 1981. The dispositive portion declared the Extra Judicial Partition and Deed of Absolute Sale dated August 10, 1953 null and void, ordered the cancellation of Transfer Certificate of Title Nos. 7544 and 7545, restored the efficacy of Transfer Certificate of Title No. 5333, directed Araceli Calimbas to remove her house and pay reasonable monthly rental, restored the plaintiffs’ possession, and ordered the defendants to pay attorney’s fees and costs.

The Court’s Assessment of Criminal/Contractual and Notarial Consequences

The Court considered that Blanco had been nonchalantly negligent in notarizing the Extra-judicial Partition and Deed of Absolute Sale executed without the presence of the supposed deponents and in determining Abraham Gatdula’s age before notarization. The Court treated these acts as leading to the ceding of the residential parcel to Araceli Calimbas and, through Blanco’s notarization, making registration possible. It stressed the rule that an unemancipated minor, like Abraham at the time of execution, could not give consent to a contract, in harmony with Article 1327 (1) of the new Civil Code, with consent being an essential requisites under Article 1318. The Court also underscored the legal nature of notarized documents as en

Case Syllabus (A.M. No. 2505-MJ)

Parties and Procedural Posture

Francisca Salomon filed an administrative complaint against Judge Froilan Blanco, then Municipal Judge of Pilar, Bataan and later Judge of the Municipal Circuit Court of Orion-Pilar, Bataan.
The complaint assailed respondent’s performance of notarial duties in connection with an Extra-Judicial Partition and Deed of Absolute Sale.
Respondent moved to suspend the administrative case until the final termination of Civil Case No. 3861, which sought nullification of the same instrument and related titles.
Executive Judge Abraham P. Vera denied respondent’s motion in an Order dated August 26, 1974, requiring respondent to file an answer.
Respondent filed his answer dated September 6, 1974.
The parties agreed to adopt evidence from Civil Case No. 3861 into the administrative case, subject to further procedural direction by the inquest judge.
An Order dated March 9, 1977 required complainant to file a written motion and/or offer of relevant evidence for adoption in the administrative proceedings.
The administrative case proceeded with the inquest judge and the Court ultimately evaluating records, including the findings in Civil Case No. 3861.

Key Factual Allegations

Complainant alleged she and her nephews never appeared before respondent to execute the Extra-Judicial Partition and Absolute Deed of Sale.
Complainant claimed the notarization occurred in her absence and without personal appearance by Abraham Gatdula, who was allegedly thirteen or fourteen (14) years old at the time.
Complainant alleged that Abraham was a minor and allegedly did not have the proper residence certificate for that purpose at the relevant time.
Complainant alleged she discovered that the titled property in TCT No. 5333 had been conveyed to Araceli Calimbas through the questioned deed.
Complainant supported her allegations with a certified xerox copy of the deed presented for handwriting examination at the Crime Laboratory in Camp Crame, Quezon City.
The crime laboratory findings, as relayed in the administrative record, stated that the signatures of Francisca Salomon and Abraham Gatdula were forged.
Complainant further alleged respondent “personally worked for the registration” of the conveyance and received TCT No. 7545 with Araceli Calimbas as registered owner.

Respondent’s Defenses

Respondent admitted notarizing an Extra-judicial Partition with Deed of Absolute Sale in his capacity as Ex-Officio Notary Public.
Respondent denied wrongdoing and claimed the deed was “regularly, properly and legally made,” with compliance to notarial formalities.
Respondent contested the handwriting findings as alleged to be misleading or erroneous.
Respondent questioned complainant’s failure to specify which specimen signatures were submitted to handwriting experts and how such signatures were acquired.
Respondent admitted allegations regarding the transfer but asserted there was nothing illegal or irregular in working for registration of the property in favor of Araceli Calimbas.
Respondent argued that the complaint was groundless and filed for harassment purposes.
Respondent also pointed to the existence of Civil Case No. 3861 involving the same parties and essentially the same factual issues.

Findings in Related Civil Case

The administrative record described Civil Case No. 3861 as an action for nullification of document and titles involving the same deed.
The investigating judge in the administrative case noted that the hearing judge rendered judgment in Civil Case No. 3861 on May 5, 1981.
The dispositive portion in Civil Case No. 3861 declared the Extra Judicial Partition and Deed of Absolute Sale dated August 10, 1953 null and void.
The civil judgment ordered cancellation of TCT Nos. 7544 and 7545 and restored the efficacy of TCT No. 5333.
The civil judgment also directed Araceli Calimbas to remove her house at her expense and to pay monthly rental and other sums, including attorney’s fees and costs.

Document Examination and Inquest Findings

The inquest judge examined the documents and identified visible discrepancies that suggested hurried preparation and misstatements in the deed.
The inquest judge found that Ramon Gatdula was stat