On April 10 and 15, 1997, the heirs of Martin Sistual 2006; Memoranda for Preliminary Investigation27 issued

EN BANC February 2, 2016 A.C. No. 9807 including complainants executed two deeds of donation20 by Office of the City Prosecutor, Koronadal, South
in favor of Barangay Lamian conveying the lot covered Cotabato; Letter,28 Memorandum,29 and Order30 issued
ERLINDA SISTUAL, FLORDELISA S. LEYSA, by TCT Nos. T-76083 and T-76086 to be used for its by the Bureau of Lands, but these do not suffice to prove
LEONISA S. ESPABO and ARLAN C. SISTUAL, public market. the allegation of forgery and/or falsification.
Complainants, vs. ATTY. ELIORDO OGENA,
Respondent Atty. Ogena denied that the aforementioned documents Atty. Ogena, however, violated the 2004 Rules on
were falsified as they were actually executed and duly Notarial Practice specifically Rule IV, Section 2(b), which
D E C I S I O N PER CURIAM: signed by all the parties therein; and that all the provides:
signatures of complainants appearing in the
In a Complaint,1 dated June 1, 2006, filed before the aforementioned documents were identical; that the Section 2. Prohibitions. – (a) x x x
Integrated Bar of the Philippines (JBP),complainants deeds of donation were duly attested to by Barangay
Erlinda C. Sistual, Flordelisa2 S. Leysa, Leonisa S. Captain Conrado Toledo and the barangay kagawads;21 (b) A person shall not perform a notarial act if the person
Espabo, and Arlan C. Sistual (complainants) alleged that and that the aforementioned documents did not in any involved as signatory to the instrument or document –
respondent Atty. Eliordo Ogena (Atty. Ogena), who was way prejudiced the complainants. The execution thereof
the legal counsel of their late father, Manuel A. Sistual did not defraud them or any of the heirs of Martin Sistual (1) is not in the notary's presence
(Manuel), wilfully, unlawfully and feloniously falsified as the issuance of the nine (9) new and separate titles in personally at the time of the
several documents which included, among others, a the names of all the heirs, as co-owners, was beneficial notarization; and
Special Power of Attorney (SPA), Extra-Judicial and favorable to all of them.
Settlement of Estate, Affidavit of Identification of Heirs, (2) is not personally known to the
Deed of Donation, and a Deed of Absolute Sale by Finally, as to the Absolute Deed of Sale,22 dated July 18, notary public or otherwise identified by
making it appear that all the children of Manuel and their 1989, executed by spouses Manuel and Erlinda in favor the notary public through competent
mother, Erlinda Sistual (Erlinda), executed the of Socorro Langub, Atty. Ogena also denied that this was evidence of identity as defined by
documents; that as a result of the falsification of the said falsified as this was duly executed, signed and these Rules.1avvphi1
documents, Transfer Certificate of Title (TCT) No. 60467, subscribed by all the parties. Atty. Ogena submitted a
23
registered in the name of "Heirs of Martin Sistual, copy of the said deed of sale to prove that it was duly Doubtless, Atty. Ogena was negligent in the performance
represented by Manuel Sistual,"3 was cancelled and was executed and signed by Manuel and Erlinda, as the of his duty as a notary public. He failed to require the
subdivided into several lots; and that these lots were sold vendors; and Socorro Langub, as the vendee. personal presence of the signatories of the documents
to interested buyers. and proceeded to notarize the aforementioned
In its Report and Recommendation,24 the documents without the signatures of all the parties.
In his Answer with Affirmative/Special Defenses and IBP-Commission on Bar Discipline (CBD) stated that it is Likewise, Atty. Ogena failed to comply with the most
Motion to Dismiss,4 Atty. Ogena denied the allegations. bereft of any jurisdiction to determine whether Atty. basic function that a notary public must do - to require
He averred that in 1987, he was engaged by Manuel to Ogena committed forgery in the aforementioned the parties to present their residence certificates or any
represent the heirs of Martin Sistual in a complaint for documents. It, however, found several irregularities in the other document to prove their identities. This Court, in
recovery of possession filed by Abid Mendal (Abid) and documents notarized by Atty. Ogena. First, in the SPA, Gonzales v. Atty. Ramos,31 wrote:
Abundio Sistual (Abundio);5 that Manuel was the the signatures of Flordelisa Sistual and Isidro Sistual
representative of the Heirs of Martin Sistual; were absent and the Community Tax Certificates (CTC) Notarization is not an empty,
of the signatories namely: meaningless routinary act. It is
that the heirs of Martin Sistual were able to obtain a invested with substantive public
favorable decision6 in the said case; that pursuant to the Bernardina Sistual Anson, Jesusa Sistual Español, and interest. The notarization by a notary
said decision, Lot 464 was awarded to the heirs of Martin Erlinda, were not indicated. In the Extrajudicial public converts a private document
Sistual and TCT No. T-60467 was issued in their names; Settlement of Estate of Deceased Manuel, although all into a public document, making it
that when Manuel died on November 15, 1993, the heirs the heirs signed, only the CTC of Erlinda and Flordelisa admissible in evidence without further
of Martin Sistual executed an SPA,7 dated December 31, were indicated. In the Affidavit of Identification of Heirs of proof of its authenticity. A notarial
1993, designating Bienvenido Sistual (Bienvenido) as Martin Sistual, the CTC of Solfia S. Maribago was document is, by law, entitled to full
their attorney-in-fact; that Erlinda, the wife of Manuel, absent; and in the Extrajudicial Settlement of Estate of faith and credit upon its face. A notary
manifested her desire to represent the heirs of Martin Deceased Dolores Sistual with Waiver of Hereditary public must observe with utmost care
Sistual, so her two children, Isidro Sistual and Flordelisa Shares, only the CTC of Domingo Tulay was indicated. the basic requirements in the
Sistual, also executed an SPA in her favor; Thus, the IBP-CBD recommended that Atty. Ogena’s performance of their duties; otherwise,
notarial commission be revoked and that he be the public’s confidence in the integrity
that the heirs of Martin Sistual opposed the appointment permanently disqualified from reappointment as Notary of the document would be
of Erlinda and executed another SPA,8 dated October 5, Public; and that he be suspended from the practice of undermined.
1995, in favor of Bienvenido; and that in the October 5, law for a period of one (1) year.
1995 SPA, Atty. Ogena wrote the names of complainants By notarizing the aforementioned documents, Atty.
Erlinda and Flordeliza Sistual but they did not sign it. On December 10, 2011, the IBP Board of Governors Ogena engaged in unlawful, dishonest, immoral or
adopted and approved with modification the Report and deceitful conduct.32 His conduct is fraught with
As to the incident that led to the subdivision of TCT No. Recommendation of the IBP-CBD.1âwphi1 The IBP dangerous possibilities considering the conclusiveness
T-60467, Atty.Ogena explained that Bienvenido, upon Board of Governors revoked Atty. Ogena’s commission on the due execution of a document that our courts and
the prodding of the heirs of Martin Sistual with the as notary public and permanently disqualified him from the public accord to notarized documents.33 His failure to
exception of the complainants, caused the subdivision of reappointment as Notary Public. It, however, deleted the perform his duty as a notary public resulted not only in
the property covered by TCT No. T-60467 into several penalty of suspension.25 damaging complainants' rights but also in undermining
sub-lots identified as TCT Nos. 76078,9 76079,10 the integrity of a notary public and in degrading the
76080,11 76081,12 76082,13 76083,14 76084,15 76085,16 On March 29, 2012, Atty. Ogena filed a motion for function of notarization. Thus, Atty. Ogena should be
and 76086,17 and that the corresponding subdivision reconsideration before the IBP. liable for such negligence, not only as a notary public but
plans and technical descriptions thereof were duly also as a lawyer.
approved by the Regional Director, Bureau of Lands, In a Resolution, dated November 10, 2012, the IBP
Davao City; and that the subdivided lots were in the Board of Governors denied the motion for Pursuant to the pronouncement in Re: Violation of Rules
names of all the heirs of Martin Sistual including the reconsideration and affirmed with modification its earlier on Notarial Practice,34 Atty. Ogena should be suspended
complainants. resolution, revoking Atty. Ogena’s notarial commission for two (2) years from the practice of law and forever
indefinitely. barred from becoming a notary public.
On September 7, 1996, the heirs of Dolores Sistual
Tulay executed an Extrajudicial Settlement18 whereby the The Court agrees with the findings of the IBP except as WHEREFORE, respondent Atty. Eliordo Ogena is
1/7 share of their mother in the lot covered by TCT No. to the penalty it imposed. To begin with, complainants’ SUSPENDED from the practice of law for two (2) years
T-60467 was waived, repudiated and relinquished in allegation of forgery was not clearly substantiated and and is BARRED PERMANENTLY from being
favor of their father, Domingo Tulay; that the heirs of there was no concrete proof that the complainants were commissioned as Notary Public.
Manuel Sistual also executed an Extrajudicial prejudiced. They submitted a copy of the affidavits26 for
Settlement19 waiving their 1/7 share in the same property falsification executed by Erlinda and Flordelisa, both This decision is IMMEDIATELY EXECUTORY.
in favor of their mother, Erlinda. subscribed before the City of Prosecutor on February 20,
Let copies of this decision be furnished all courts in the
country and the Integrated Bar of the Philippines for their
information and guidance. Let also a copy of this
decision be appended to the personal record of Atty.
Eliordo Ogena in the Office of the Bar Confidant.

SO ORDERED.

MARIA LOURDES P. A. SERENO

Chief Justice