Case Summary (A.C. No. 12011)
Facts of the Case
The complainant, Nicanor D. Triol, and his sister Grace D. Triol co-own a parcel of land situated in Quezon City. In January 2011, Nicanor intended to sell this land to Leonardo P. Caparas but could not secure Grace's consent as she was residing in the United States. Subsequently, a Deed of Absolute Sale was allegedly executed and notarized by Atty. Delfin R. Agcaoili, Jr., purportedly transferring the property to another party without their authorization. Nicanor contended that the signatures on the deed were not authorized and that the community tax certificates used in the notarization process were falsified.
Respondent's Defense
In response to the allegations, Atty. Agcaoili denied any involvement in the execution or notarization of the deed, asserting that both his signature was forged and that he was not a commissioned notary public at the time of the notarization in question. He claimed ignorance of all parties involved and stated that he would never notarize documents without the personal appearance of the signatories.
Investigating Body's Findings
The Integrated Bar of the Philippines (IBP) Investigating Commissioner initially recommended the dismissal of the complaint, citing a lack of substantial evidence against the respondent. However, upon appeal, the IBP Board of Governors reversed this decision and imposed a two-year suspension on the respondent from practicing law, along with disqualification from being a notary public for the same duration. The decision indicated that the respondent failed to demonstrate the legitimacy of his specimen signature and did not prove that he had not notarized the document in question.
Court's Ruling
The Court upheld the findings of the IBP, emphasizing the vital importance of proper notarization procedures that serve public interest. Notarization is not merely a formality; it converts private documents into public ones. Section 2(b) of the 2004 Notarial Rules mandates that notaries public must confirm the identity of signatories through their personal presence and identification. The respondent's failure to adhere to these requirements constituted a breach of both the 2004 Notarial Rules and the Code of Professional Responsibility (CPR), under which lawyers must observe integrity and honesty.
Violation of Notarial Rules and Ethical Standards
The Court found ample evidence that Atty. Agcaoili notarized the deed without the complainant and his sister appearing before him. Furthermore, a certification from the Clerk of Court confirmed that he was not a commissioned notary at the time. The respond
...continue readingCase Syllabus (A.C. No. 12011)
Introduction
- The case involves an administrative complaint filed by Nicanor D. Triol against Atty. Delfin R. Agcaoili, Jr., seeking the latter's disbarment.
- The complaint was filed on November 3, 2014, in relation to alleged misconduct during the notarization of a deed concerning property co-owned by the complainant and his sister.
Facts of the Case
- Nicanor D. Triol and his sister, Grace D. Triol, are co-owners of a 408.80 square meter parcel of land in Quezon City, covered by Transfer Certificate of Title No. 129010.
- In January 2011, Nicanor sought to sell the property to Leonardo P. Caparas but could not do so without Grace's signature, as she was residing in the United States.
- Nicanor later discovered that a Deed of Absolute Sale dated March 11, 2011, had been executed and notarized by Atty. Agcaoili, allegedly transferring the property to a third party without consent from either co-owner.
- Nicanor claimed that both he and Grace did not appear before Atty. Agcaoili for the notarization, and the community tax certificates mentioned in the deed were fraudulent.
- Based on these findings, Nicanor filed a disbarment complaint against Atty. Agcaoili.
Respondent's Defense
- Atty. Agcaoili disclaimed any knowledge regarding the execution and notarization of the deed, asserting that he did not know any of the parties involved.
- He claimed that his signature on the deed was forged and emphasized that he would never notarize documents without the signatories' personal appearance.
- Atty. Agcaoili also stated that he was not a commissioned nota