Case Summary (G.R. No. 80879)
Factual Antecedents
The petitioner claims that on March 17, 2005, Ruby Shelter Builders and Realty Development Corporation entered into an MOA with Obiedo and Tan, which included provisions for executing deeds of absolute sale over certain properties as part of a payment settlement. Despite signing the deeds, Sia left the dates blank and was unaware that the documents would be notarized by Reyes until after learning that they had been notarized on January 3, 2006, without his consent or presence. This situation prompted Sia to file for annulment of the sales and cancellation of titles issued in favor of Obiedo and Tan.
Respondent’s Defense
In response, Atty. Reyes asserts that during the notarization, he asked Sia if the signature on the deeds was indeed his and whether the execution was voluntary. Sia purportedly confirmed both affirmatively. Reyes backed his claims with affidavits from Atty. Avelino V. Sales, Jr. and Atty. Salvador Villegas, who were present during the notarization and corroborated the legality of the process. Reyes further emphasized he was unaware of the MOA between Sia and the other parties and posited that Sia’s complaint was motivated by ill will, given the significant delay in filing.
Report and Recommendation of the Investigating Commissioner
The IBP-Commission on Bar Discipline recommended dismissing the complaint against Reyes, asserting that the testimonies of Atty. Sales and Atty. Villegas supported the integrity of the notarization. The IBP concluded that Sia’s delayed filing of the complaint—over four years later—called into question the sincerity of his claims, reinforcing the position that Sia had failed to prove his case.
Resolution of the IBP-Board of Governors
The IBP-Board of Governors adopted the Commission’s findings and recommended dismissal of the complaint, which prompted Sia to file a motion for reconsideration that was subsequently denied. This led to Sia's petition to the Court to review the decision.
Issue at Hand
The primary issue for resolution was whether Atty. Reyes was administratively liable for alleged grave misconduct and conduct unbecoming of a notary public.
Court's Ruling
The Court upheld the IBP's findings, noting that Sia confirmed his presence during the notarization event and acknowledged his signature but claimed ignorance regarding the notarization itself. The Court emphasi
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Case Overview
- This case addresses the administrative complaint filed by Ruben S. Sia (petitioner) against Atty. Tomas A. Reyes (respondent) concerning allegations of grave misconduct and conduct unbecoming of a notary public.
- The case was initiated under Section 12 (c), Rule 139-B of the Rules of Court and culminated in a resolution by the Integrated Bar of the Philippines-Board of Governors (IBP-BOG) dismissing the complaint.
- The events leading to the complaint revolve around the notarization of five deeds of absolute sale that petitioner claims were executed without his knowledge, consent, or presence.
Factual Antecedents
- On March 17, 2005, petitioner, as president of Ruby Shelter Builders and Realty Development Corporation, entered into a Memorandum of Agreement (MOA) with Roberto L. Obiedo and Romeo Y. Tan, acknowledging a debt of P95,700,620.00 secured by mortgages over five parcels of land.
- The MOA allowed the corporation to settle the debt via dacion en pago, with the execution of deeds of absolute sale to occur by January 2, 2006.
- Petitioner signed the subject deeds but left the date blank, later discovering that these deeds were notarized by respondent on January 3, 2006, without his involvement in the notarization process.
- Petitioner contended that, during ongoing negotiations for debt settlement, respondent improperly notarized the deeds by filling in the blank