The complainant sold land to Leah Mallari for 500,000 pesos in 2011. Issues arose during the land title transfer process. Mallari claimed the complainant notarized documents stating he transferred the land title to her, but he asserts he was in Manila at the time and did not notarize them. The commissioner ruled the notary, dent, was careless and broke notarial rules by notarizing the documents. The commissioner recommended revoking dent's notary license and disqualifying her from being a notary for 2 years.
The complainant sold land to Leah Mallari for 500,000 pesos in 2011. Issues arose during the land title transfer process. Mallari claimed the complainant notarized documents stating he transferred the land title to her, but he asserts he was in Manila at the time and did not notarize them. The commissioner ruled the notary, dent, was careless and broke notarial rules by notarizing the documents. The commissioner recommended revoking dent's notary license and disqualifying her from being a notary for 2 years.
The complainant sold land to Leah Mallari for 500,000 pesos in 2011. Issues arose during the land title transfer process. Mallari claimed the complainant notarized documents stating he transferred the land title to her, but he asserts he was in Manila at the time and did not notarize them. The commissioner ruled the notary, dent, was careless and broke notarial rules by notarizing the documents. The commissioner recommended revoking dent's notary license and disqualifying her from being a notary for 2 years.
The complainant owns a piece of land in San Fernando City, La Union's
Barangay Pagudpud. On January 7, 2011, the complainant signed a Deed of Absolute Sale in favor of Leah Mallari for a sum of 500,000 pesos over the property (P500,000.00). The complainant's children signed a form titled Confirmation of Sale acknowledging the purchase. The legal battle between the parties arose as a result of the procedure of transferring the lot's ownership to Mallari. According to the complaint, he and Mallari reached an arrangement in which he agreed to assist in the process of transferring the lot's title to Mallari's name. Mallari, who was unable to withstand the delay in the delivery of the title to the land she had been sold, allegedly filed an Application for Certification of Alienable and Disposable Land with the complainant's name in the Community Environment and Natural Resources Office of the Department of Environment and Natural Resources (DENR), San Fernando City, La Union, as a preliminary step for the segregation and titling of the land.Mallari filed a civil complaint at the Municipal Trial Court (MTC) of Aringay, La Union, demanding payment for the costs she suffered as a result of the transfer and titling of the property she acquired. Two of the four checks issued by the complaint were underfunded, resulting in a compromise arrangement between the parties that collapsed. As a result, Mallari filed a criminal complaint against the complainant before the MTC of Aringay, La Union, for violating Batas Pambansa Bilang 22, also known as The Bouncing Checks Law. By notarizing the disputed Application for Certification of Alienable and Disposable Land, the complainant claimed that he made it appear that he had done so, while in fact he was in Manila at the time of the purported notarization, working as a doctor, and never went to the respondent's office. Commissioner Maria Angela Esquivel (Commissioner Esquivel) ruled on June 15, 2015, that dent had been careless in the discharge of her responsibilities as a notary public and had broken the Notarial Rules, suggesting that she be disciplined. The following is a summary of the Report and Recommendation: As a result of the preceding, it is thus suggested that the Respondent's notary public license be revoked, and that she be disqualified for two (2) years as a notary public, with a warning that a similar act will be punished more harshly if repeated.