ang v. gupana
DESCRIPTION
caseTRANSCRIPT
7/17/2019 Ang v. Gupana
http://slidepdf.com/reader/full/ang-v-gupana 1/3
CARLITO ANG, Complainant,
vs.
ATTY. JAMES JOSEPH GUPANA, Respondent.
(left to staff again
(E!t"a#J$%i&ial Pa"tition of lot The case stemmed from
an affidavit-complaint3 filed by complainant Carlito Ang
against respondent. Ang alleged that he and the other
heirs of the late Candelaria Magpayo, namely
Purificacion iamante and !illiam Magpayo, e"ecuted
an #"tra-$udicial eclaration of %eirs and
Partition& involving a lot. %e 'as given his share of (,))3
s*uare meters, together 'ith all the improvements
thereon.+ Ho'ee", ')en )e t"ie% to se&$"e a TCT in
)is na*e, )e fo$n% o$t t)at sai% TCT No. (T#++-#
/00 )a% al"ea%1 2een &an&elle% an% in lie$ t)e"eof,
ne' TCTs/ )a% 2een iss$e% in t)e na*es of 3illia*
Mag4a1o, Antonio 5ia*ante, Pat"i&ia 5ia*ante,
Lolita 5. Can6$e, G"ego"io 5ia*ante, J". an% 7e 5.
Monte"o.
(THE REGISTER SHO3E5 AN A77I5A8IT INSTEA5
O7 A 5EE5 O7 A9SOLUTE SALE Ang allege% t)at
t)e"e is "easona2le g"o$n% to 2eliee t)at
"es4on%ent )a% a %i"e&t 4a"ti&i4ation in t)e
&o**ission of fo"ge"ies an% falsifi&ations 2e&a$se
)e 'as t)e one ')o 4"e4a"e% an% nota"i:e% t)e
Affi%ait of Loss; an% 5ee% of A2sol$te Sale< t)at le%
to t)e t"ansfe" an% iss$an&e of t)e ne' TCTs. Ang
pointed out that the eed of Absolute ale 'hich 'as
allegedly e"ecuted by Candelaria Magpayo on April ,
/0/, 'as antedated and Candelaria Magpayo1s
signature 'as forged as clearly sho'n by the
Certification/ issued by the 2ffice of the Cler of Court of
the Regional Trial Court 4RTC5 of Cebu. 7$"t)e", t)e
&e"tifie% t"$e &o41 of 4age 0;, 9oo= No. >II, Se"ies of
?< of "es4on%ent@s Nota"ial Re4o"t in%$2ita2l1
s)o'e% t)at 5o&. No. ?<? %i% not "efe" to t)e 5ee% of
A2sol$te Sale, 2$t to an affi%ait.?- As to the Affi%ait
of Loss, 'hich 'as allegedly e"ecuted by the late
Candelaria Magpayo on April (/, //&, it &o$l% not )ae
2een e!e&$te% 21 )e" as s)e 5ie%?? t)"ee 1ea"s 4"io"
to t)e e!e&$tion of t)e sai% affi%ait of loss.
6n his Comment,& respondent denied any 'rongdoing
and argued that Ang is *e"el1 $sing t)e 4"esent
a%*inist"atie &o*4laint as a tool to fo"&e t)e
%efen%ants in a 4en%ing &iil &ase an% t)ei" &o$nsel,
)e"ein "es4on%ent, to a&&e%e to )is 'is)es.
6nvestigating Commissioner 7ydia A. 8avarro of the 69P
Commission on 9ar iscipline, submitted her Report and
Recommendation+ fin%ing "es4on%ent
a%*inist"atiel1 lia2le. he recommended that
respondent be suspended from the practice of la' for
three months. The 6nvestigating Commissioner
a%%itionall1 fo$n% t)at "es4on%ent %elegate% t)e
nota"ial f$n&tions to t)e &le"i&al staff of t)ei" offi&e
7/17/2019 Ang v. Gupana
http://slidepdf.com/reader/full/ang-v-gupana 2/3
2efo"e 2eing 2"o$g)t to )i* fo" )is signat$"e.: This,
according to the commissioner, :must have been the
reason for the forged signatures of the parties in the
*uestioned document;as 'ell as the erroneous entry in
his notarial register;.: As s$&) nota"1 4$2li&
"es4on%ent s)o$l% not %elegate to an1 $n6$alifie%
4e"son t)e 4e"fo"*an&e of an1 tas= ')i&) 21 la'
*a1 onl1 2e 4e"fo"*e% 21 a *e*2e" of t)e 2a" in
a&&o"%an&e 'it) R$le .-??; of t)e Co%e of
P"ofessional Res4onsi2ilit1. ?<
the 9oard of <overnors of the 69P issued Resolution
adopting the findings of the 6nvestigating Commissioner
but modifying the recommended penalty.
Respondent filed a motion for reconsideration
the 69P 9oard of <overnors denied.
!e affirm the resolution of the 69P 9oard of <overnors
finding respondent administratively liable.
4PARTY 5I5 NOT APPEAR5 %o'ever, the Court findsrespondent administratively liable for violation of his
notarial duties 'hen he failed to re*uire the personal
presence of Candelaria Magpayo 'hen he notari=ed the
Affidavit of 7oss 'hich Candelaria allegedly e"ecuted on
April (/, //&. ection of Public Act 8o. ()3,
other'ise no'n as the 8otarial 7a'.
>rom the foregoing, it is clear that the party
acno'ledging must appear before the notary public or
any other person authori=ed to tae acno'ledgments of
instruments or documents.(3 6n the case at bar, the $urat
of the Affidavit of 7oss stated that Candelaria subscribed
to the affidavit before respondent on April (/, //&, at
Mandaue City. Candelaria, ho'ever, 'as already dead
since March (?, //. %ence, it is clear that the $urat 'as
made in violation of the notarial la'.
Res4on%ent li=e'ise iolate% R$le .-?, Canon , of
t)e Co%e of P"ofessional Res4onsi2ilit1 ')i&)
4"oi%es t)at Ba la'1e" s)all not %elegate to an1
$n6$alifie% 4e"son t)e 4e"fo"*an&e of an1 tas=
')i&) 21 la' *a1 onl1 2e 4e"fo"*e% 21 a *e*2e" of
t)e 9a" in goo% stan%ing. Respondent averred in his
position paper that it had been his consistent practice to
course through clerical staff documents to be notarized .
U4on "efe""al, sai% &le"i&al staff inestigates ')et)e"
t)e %o&$*ents a"e &o*4lete as to t)e f$n%a*ental
"e6$i"e*ents an% in6$i"es as to t)e i%entit1 of t)e
in%ii%$al signato"ies t)e"eto. If ee"1t)ing is in
o"%e", t)e1 as= t)e 4a"ties to sign t)e %o&$*ents an%
fo"'a"% t)e* to )i* an% )e again in6$i"es a2o$t t)e
i%entities of t)e 4a"ties 2efo"e affi!ing )is nota"ial
signat$"e.0- It is also )is &le"i&al staff ')o "e&o"%s
ent"ies in )is nota"ial "e4o"t.
7/17/2019 Ang v. Gupana
http://slidepdf.com/reader/full/ang-v-gupana 3/3
As aforesaid, respondent is mandated to observe with
utmost care the basic requirements in the performance of
his duties as a notary and to ascertain that the persons
'ho signed the documents are the very same persons
'ho e"ecuted and personally appeared before him to
attest to the contents and truth of 'hat are stated therein.
In *e"el1 "el1ing on )is &le"i&al staff to %ete"*ine t)e
&o*4leteness of %o&$*ents 2"o$g)t to )i* fo"
nota"i:ation, li*iting )is 4a"ti&i4ation in t)e
nota"i:ation 4"o&ess to si*4l1 in6$i"ing a2o$t t)e
i%entities of t)e 4e"sons a44ea"ing 2efo"e )i*, an%
in nota"i:ing an affi%ait e!e&$te% 21 a %ea% 4e"son,
"es4on%ent is lia2le fo" *is&on%$&t. @nder the facts
and circumstances of the case, the revocation of his
notarial commission, dis*ualification from being
commissioned as a notary public for a period of t'o
years and suspension from the practice of la' for one
year are in order.3
!%#R#>2R#, respondent Atty. ames oseph <upana
is found administratively liable for misconduct and is
@P#8# from the practice of la' for one year.
>urther, his notarial commission, if any, is R#B2# and
he is dis*ualified from reappointment as 8otary Public for
a period of t'o years, 'ith a stem 'arning that repetition
of the same or similar conduct in the future 'ill be dealt
'ith more severely.