Case Summary (A.C. No. 2427)
Allegations Against Respondent
The Complaint, filed on February 19, 1992, charges Judge Harold M. Hernando with gross dishonesty and malpractice. The allegations primarily stem from actions that reportedly occurred while Respondent was still a practicing lawyer before his appointment to the judiciary on October 25, 1975. The acts in question involve the preparation and notarization of a Deed of Sale that allegedly contained the forged signature of a deceased individual, Vitaliano Quetulio.
Circumstances of Forgery
On October 29, 1973, Respondent notarized a Deed of Sale that bore the signature of Quetulio, who had died 18 years prior to the document's execution. Respondent was previously the legal counsel for Quetulio's widow, Felipa, making it implausible for him to be unaware of Quetulio's death. The alleged forgery remained undiscovered until the resolution of Civil Case No. 4743-II, where the validity of the disputed properties was questioned.
Additional Acts of Malpractice
The Complaint further alleges that, on July 2, 1977, Respondent acted as a witness for a Deed of Revocation and Acknowledgment of Ownership that also carried a forged signature of Fermin Edra, the vendee, who had died a month prior. This act further complicates the case against him, as it indicates potential involvement in multiple acts of forgery.
Respondent's Defense
In response to the allegations, Respondent denied all charges while asserting that the Deed of Sale was revoked and thus considered void. He also attempted to shift blame for the alleged forgery to the notary who notarized the Deed of Revocation, claiming he had no involvement with its disputed signatures.
Withdrawal of Complaint
On November 9, 1982, Complainant filed a motion to withdraw the Complaint, citing a realization of a mistake in judgment. However, Respondent then changed his narrative, claiming that Quetulio had actually returned from the United States in 1973, contrary to the established facts regarding Quetulio’s death.
Administrative Proceedings and Findings
The case was referred to the Integrated Bar of the Philippines (IBP) under Rule 139-B, and a hearing took place. Despite Complainant’s absence, the IBP recommended a six-month suspension for Respondent for his involvement in fraudulent documentation. The initial motion to withdraw the complaint did not absolve the Respondent from the administrative charges.
Court's Ruling
In its decision, the Court rejected Respondent's defenses and reiterated that sufficient evidence corroborated Quetul
...continue readingCase Syllabus (A.C. No. 2427)
Case Overview
- The case arises from a verified Complaint filed on February 19, 1992, by Complainant Atty. Onofre P. Tejada against Respondent Judge Harold M. Hernando.
- The charges include gross dishonesty and malpractice, linked to actions taken prior to Hernando's appointment as a judge.
- The case was docketed for disbarment following a resolution on July 22, 1982, which noted that the alleged acts occurred while Respondent was still a practicing lawyer.
Background of the Case
- Respondent served as the Judge of the Court of First Instance of Abra, Branch I, at Bangued.
- The allegations stem from a notarized Deed of Sale prepared by Respondent on October 29, 1973, which contained the forged signature of vendor Vitaliano Quetulio, who had died 18 years earlier.
- Respondent was aware of Quetulio's death as he had previously represented Quetulio's widow in a civil case.
Allegations of Forgery
- The Complaint asserts that Respondent was either the author of the forgery of the Deed of Sale or, at the very least, authorized it by notarizing the document.
- The forged Deed was uncovered when the Court of Appeals reversed a decision in Civil Case No. 4743-II, which involved the disputed parcel of land.
- Following the sale of th