Case Summary (A.C. No. 12154)
Background of Transactions
Posthumously, several lots carved from the subject land were registered under the names of Narciso Salas and his surviving spouse, Lina Domingo Salas. Notably, five of these lots were sold to various buyers between 2013 and 2014, as evidenced by notarized Deeds of Absolute Sale, which are claimed to have been executed after Narciso's death, thereby raising questions about their validity.
Alleged Violations
Atty. Rogelio N. Velarde filed a Complaint-Affidavit against Atty. Ilagan, asserting that he violated the 2004 Rules on Notarial Practice by notarizing documents executed by a deceased individual. Velarde contended that Ilagan falsely certified the personal appearance of Narciso Salas, thus resulting in the rightful claimants being deprived of their interests in the subject land.
Respondent's Defense
In response, Atty. Ilagan offered a general denial, claiming that his signature on the documents was forged. The Integrated Bar of the Philippines (IBP) initiated mandatory conference hearings, but Ilagan consistently failed to appear, which prompted further proceedings for him to present his case.
IBP Proceedings and Recommendations
The IBP-Commission on Bar Discipline (CBD) conducted a hearing, with only Atty. Velarde submitting his position paper reiterating the violations. The IBP-CBD found that Atty. Ilagan had indeed committed misconduct by certifying deeds knowing that one of the vendors was deceased, leading to a recommendation for a two-year suspension from the practice of law and the revocation of his notarial commission.
Court's Ruling on Conduct
The court upheld the IBP's findings, outlining the critical nature of notarization as not merely a ministerial act but as one that confers legal efficacy upon documents. The court highlighted that Atty. Ilagan failed to adhere to the essential requirement of the personal appearance of the affiant at the time of notarization, a violation of the duties incumbent on notaries public.
Legal Principles Involved
It was emphasized that personal appearance serves to safeguard against fraud by ensuring that the individuals executing documents can be positively identified and their signatures authenticated. This necessity was reiterated through previous case law, reinforcing the need for notaries to strictly observe this protocol.
Disciplinary Action
Given the gravity of the violations, which included not only the breach of notarial rules but also the failure to comply with IBP mandates, the court endorsed the penalties suggested by th
...continue readingCase Syllabus (A.C. No. 12154)
Introduction
- This case involves a complaint filed by Atty. Rogelio N. Velarde against Atty. Ruben M. Ilagan for alleged violations of the 2004 Rules on Notarial Practice.
- The complaint specifically addresses the notarization of several Deeds of Absolute Sale purportedly executed by a deceased individual, Narciso Salas.
Relevant Antecedents
- The subject land in question is a parcel originally dedicated for parks and playgrounds, situated in Ma. Cristina Village, with an area of 1,467 square meters.
- Narciso Salas owned the land, registered under Transfer Certificate of Title (TCT) No. NT-229061, alongside other lot owners who held undivided interests.
- Narciso Salas passed away on May 6, 2010.
- Three years after his death, the land was subdivided into eight lots, registered in the names of Narciso and his surviving spouse Lina Domingo Salas.
- Five of these lots were sold through notarized deeds by Narciso and Lina to various buyers between December 2013 and September 2014, despite Narciso's death.
Allegations Against the Respondent
- The complainant claimed that Atty. Ilagan notarized these deeds after Narciso's death, which constitutes a violation of the notarial rules.
- It was alleged that Atty. Ilagan falsely attested to the personal appearance of Narciso before him during the notarization process.
- As a consequence, the complainant and other co-owners were deprived of their rights to the subject land.
Respondent's Defense
- Atty. Ilagan denied the allegations, claiming his signatures on the deeds were forged.
- He maintained a genera