Case Summary (G.R. No. L-29881)
Initial Allegations
On June 1, 2006, the complainants filed a complaint with the Integrated Bar of the Philippines (IBP), asserting that Atty. Ogena had willfully and illegally falsified several critical documents. These included a Special Power of Attorney (SPA), an Extra-Judicial Settlement of Estate, an Affidavit of Identification of Heirs, a Deed of Donation, and a Deed of Absolute Sale. The complainants claimed that these documents falsely implied participation by all heirs in their execution, resulting in the cancellation of Transfer Certificate of Title (TCT) No. 60467 and its subdivision, leading to sales of the subdivided lots.
Respondent’s Defense
Atty. Ogena responded with an Answer and Affirmative/Special Defenses, denying any wrongdoing. He articulated that he was hired in 1987 to represent the heirs of Martin Sistual in a recovery case and detailed the progression of legal actions post-Manuel's death in 1993. He claimed the relevant documents were duly executed according to lawful processes and indicated that the complainants’ alleged lack of signatures was not indicative of fraudulent activity. Atty. Ogena maintained that all actions undertaken were lawful and beneficial to those involved.
Notary Commission Findings
The IBP’s Commission on Bar Discipline (CBD) conducted a thorough examination of the documents purportedly falsified by Atty. Ogena. They found numerous irregularities, including missing signatures of complainants on various key documents and absent identification details for other signatories. Consequently, they concluded that the respondent's notarial actions were deficient, lacking due process as outlined in the 2004 Rules on Notarial Practice.
Summary of Recommendations
The IBP-CBD recommended that Atty. Ogena’s notarial commission be revoked and that he face a one-year suspension from legal practice. The IBP Board of Governors adopted these recommendations in part, revoking his notarial commission and disqualifying him from future appointments as a notary public, though they initially omitted the recommended suspension.
Subsequent Appeals and Final Court Ruling
After a denial of Atty. Ogena's motion for reconsideration, which sought to contest the revocation of his notarial commission, the court ultimately addressed the consequences of his actions. While no concrete evidence of forgery was established, the cou
...continue readingCase Syllabus (G.R. No. L-29881)
Case Background
- Complainants: Erlinda C. Sistual, Flordelisa S. Leysa, Leonisa S. Espabo, and Arlan C. Sistual.
- Respondent: Atty. Eliordo Ogena, the legal counsel of the late Manuel A. Sistual.
- Date of Complaint: June 1, 2006, filed before the Integrated Bar of the Philippines (IBP).
- Core Allegation: Atty. Ogena allegedly falsified various legal documents related to the estate of Manuel A. Sistual, including a Special Power of Attorney (SPA), Extra-Judicial Settlement of Estate, Affidavit of Identification of Heirs, Deed of Donation, and Deed of Absolute Sale.
Allegations Against Atty. Ogena
- Claims of Falsification: Complainants alleged that Atty. Ogena made it appear that all children of Manuel and their mother, Erlinda, executed the documents.
- Consequences of Alleged Falsification: Transfer Certificate of Title (TCT) No. 60467 was canceled and subdivided into several lots, which were subsequently sold to buyers.
- Notable Documents in Question:
- Special Power of Attorney (SPA)
- Extra-Judicial Settlement of Estate
- Affidavit of Identification of Heirs
- Deed of Donation
- Deed of Absolute Sale
Respondent's Defense
- Denial of Allegations: Atty. Ogena denied all allegations of falsification.
- Legal Representation: Claimed to have been engaged by Manuel to represent the heirs of Martin Sistual in a recovery of possession case that resulted in favorable outcomes.
- Execution of SPAs: Explained the context of the different SPAs executed