AC 11583; (December, 2019) (Digest)
G.R. No. A.C. No. 11583, December 3, 2019
Pilar C. Prospero and Clarinda P. Castillo, Complainants, vs. Atty. Joaquin L. Delos Santos and Atty. Roberto A. San Jose, Respondents.
FACTS
Complainants Pilar C. Prospero and Clarinda P. Castillo sought the disbarment of respondents Atty. Joaquin L. Delos Santos and Atty. Roberto A. San Jose for gross professional misconduct, deceit, malpractice, and violation of the Code of Professional Responsibility and Lawyer’s Oath. The case stemmed from the fraudulent conveyance of a parcel of land owned by Pilar. Pilar owned a 10,000-square-meter portion of a lot inherited from her aunt, Fermina Prospero, with the remaining 10,384 square meters bequeathed to her via a holographic will pending probate. In 2007, Atty. Delos Santos, introduced as a municipal official, gained Pilar’s trust and convinced her to execute a Special Power of Attorney (SPA) and surrender the owner’s copy of the Original Certificate of Title (OCT). The SPA, which Pilar signed at age 88 without fully understanding it, included both portions of the lot. Atty. Delos Santos then falsified and notarized two Deeds of Absolute Sale dated May 20, 2008, counterfeiting the signatures of Pilar and the deceased Fermina, making it appear that Fermina sold the entire 20,384-square-meter lot to Pilar. Using these falsified documents, he secured Transfer Certificate of Title (TCT) No. T-707979 in Pilar’s name without her knowledge. Subsequently, Atty. Delos Santos, acting as attorney-in-fact, executed a Deed of Absolute Sale dated June 13, 2008, conveying the property to Hauskon Housing and Construction Products Corporation for P8,306,480.00, which was notarized by Atty. San Jose, Hauskon’s in-house counsel, despite warnings from Clarinda about Atty. Delos Santos’s lack of authority. Atty. Delos Santos later falsified another Deed of Absolute Sale dated August 5, 2008, counterfeiting Pilar’s signature to sell the property to Hauskon for P3,669,120.00, leading to the cancellation of TCT No. T-707979 and issuance of TCT No. T-723667 in Hauskon’s name. Complainants filed a disbarment complaint, alleging that Atty. Delos Santos engaged in deceit and falsification, while Atty. San Jose notarized a document without verifying authority. Atty. Delos Santos failed to file his Comment and Position Paper despite extensions, was declared in default, and later pleaded for leniency, claiming he acted out of pity for Pilar. Atty. San Jose denied the accusations, asserting he was unaware of any defect in the SPA.
ISSUE
Whether respondents Atty. Joaquin L. Delos Santos and Atty. Roberto A. San Jose should be held liable for gross professional misconduct, deceit, malpractice, and violation of the Code of Professional Responsibility and Lawyer’s Oath based on their actions in the fraudulent conveyance of the subject property.
RULING
The Court dismissed the case against Atty. Roberto A. San Jose but disbarred Atty. Joaquin L. Delos Santos. Regarding Atty. San Jose, the Court found no sufficient basis for disbarment, as he acted in good faith when notarizing the June 13, 2008 Deed of Sale, having reasonable ground to believe the SPA in favor of Atty. Delos Santos was valid and with no showing of revocation. Thus, the complaint against him was dismissed. For Atty. Delos Santos, the Court found the allegations and evidence sufficient to prove his fraudulent infractions. He falsified and notarized documents with counterfeit signatures of Pilar and the deceased Fermina, violated notarial rules by assigning the same notarial details to two different documents, and facilitated illegal property transfers for personal gain, as evidenced by checks issued in his name. His failure to file an Answer or appear at hearings, despite notices, further indicated guilt. The Court emphasized that notarization is a duty invested with public interest, and Atty. Delos Santos’s actions mocked the integrity of notarization, degraded the function, and caused damage. He was declared guilty of gross professional misconduct, deceit, malpractice as a notary public, and violation of the Code of Professional Responsibility and Lawyer’s Oath. Accordingly, Atty. Delos Santos was disbarred, his name stricken from the Roll of Attorneys, and perpetually disqualified from being commissioned as a notary public.