Friday, May 27, 2016

De La Cruz vs. Zabala 442 SCRA 407 (2004)

FACTS:
1.      Complainant Atty. Miniano B. Dela Cruz charged respondent, Atty. Alejandro P. Zabala, for violating his oath as a notary public. Complainant further alleged that respondent notarized with unknown witnesses, a fake deed of sale allegedly executed by two dead people, in gross violation of his oath as a Commissioned Notary Public in Quezon City.

2.      Complainant averred that he was retained by a certain Demetrio C. Marero to finance and undertake the filing of a Petition for the Issuance of a Second Duplicate Original of the Owners copy OCT in the names of Sps. Pedro Sumulong and Cirila Tapales. However, complainant was not able to register the property because the property was already registered in the name of Antipolo Properties, Inc.,

3.      Mr. Marero filed a Complaint for Reconveyance of Title of the land, subject of the Deed of Sale which was notarized by respondent, with damages against the complainant and his wife. The Deed of Sale was the same document Marero used when he filed a complaint for Estafa thru Falsification of Public Document and in a disbarment case against complainant.

4.      Purportedly, to clear his name, complainant filed this complaint for disbarment against respondent. According to complainant, respondent notarized an irregular document where one of the parties to the transaction was already dead, grossly violating his oath as a notary public.

5.      Respondent, in his Answer alleged that as a notary, he did not have to go beyond the documents presented to him for notarization. In notarial law, he explains, the minimum requirements to notarize a document are the presence of the parties and their presentation of their community tax certificate. As long as these requirements are met, the documents may be notarized. Furthermore, he adds, when he notarized the Deed of Sale, he had no way of knowing whether the persons who appeared before him were the real owners of the land or were merely poseurs.

ISSUE: Whether or not Atty. Zabala was violated the Notarial Law?

RULING: Yes. It appears that there was negligence on respondents part which, in our view, is quite serious. Thus, we cannot conclude that he did not violate the Notarial Law, and our rules regarding Notarial Practice. Nor could we agree that, as recommended by the IBP, he should only be reprimanded. At least his commission as Notary Public should be revoked and for two years he should be disqualified from being commissioned as such.

The IBP noted that on its face, the Deed of Sale was not executed by the purported vendee and that only Pedro Sumulong appeared and executed the deed even though the property was co-owned by Pedro Sumulong and Cirila Tapales. In addition, a copy of the title was not attached to the said Deed of Sale when it was presented for notarization. The aforementioned circumstances should have alerted respondent. Given the ease with which community tax certificates are obtained these days, respondent should have been more vigilant in ascertaining the identity of the persons who appeared before him.


Notarization is not an empty, meaningless routinary act. It is invested with substantive public interest. It must be underscored that the notarization by a notary public converts a private document into a public document, making that document admissible in evidence without further proof of authenticity thereof. A notarial document is, by law, entitled to full faith and credit upon its face. For this reason, a notary public must observe with utmost care the basic requirements in the performance of their duties; otherwise, the confidence of the public in the integrity of this form of conveyance would be undermined

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