Beruflich Dokumente
Kultur Dokumente
Gupana
A.C. No. 4545, February 05, 2014
Facts:
The complainant Carlito Ang and the other heirs of the late Candelaria
Magpayo executed an Extra–judicial Declaration of Heirs and Partition involving a
lot covered by Transfer Certificate of Title (TCT). He was given his share of 2,003
square meters together with all the improvements thereon. However, when he tried
to secure a TCT in his name, he found out that said TCT had already been
cancelled and in lieu thereof, new TCTs had been issued in the names of William
Magpayo, Antonio Diamante, Patricia Diamante, Lolita D. Canque, Gregorio
Diamante, Jr. and Fe D. Montero – the other heirs of Candelaria Magpayo.
Ang alleged that there is reasonable ground to believe that the respondent,
Atty. Gupana, had a direct participation in the commission of forgeries and
falsifications because he was the one who prepared and notarized the Affidavit of
Loss and Deed of Absolute Sale that led to the transfer and issuance of the new
TCTs.
Issue:
Whether or not the suspension of Atty. Gupana is reasonable
Held:
A notary public’s function should not be trivialized and a notary public must
discharge his powers and duties which are impressed with public interest, with
accuracy and fidelity. It devolves upon respondent to act with due care and
diligence in stamping fiat on the questioned documents. Respondent’s failure to
perform his duty as a notary public resulted in undermining the integrity of a
notary public and in degrading the function of notarization. Hence, he should be
liable for his infraction, not only as a notary public but also as a lawyer.