Heirs of Alilano v. Examen, A.C. No.

10132, 24 March 2015

● FACTS
○ Spouses Alilano were owners of a parcel of land.
○ They executed a Deed of absolute sale over the land in favor of Spouse Examen.
○ The DOS was notarized by Atty. Roberto Examen, brother of the buyer.
○ Years later, heirs of Alilano filed a suit for recovery of the land against Spouses
Examen.
○ The heirs based their suit on the fact that a notary public is prohibited from
notarizing a document when one of the parties is a relative by consanguinity
within the 4th civil degree or affinity.
○ Moreover, Atty. Examen notarized the documents knowing that the cedula used
by Ramon Examen was not his but belonged to a Florentina.
○ Lastly, Atty. Examen claimed that two witnesses personally appeared before him,
but there were none.

● ISSUE:
○ WON Atty. Examen is administratively liable.

● RULING:
○ YES. Section 249 of the Revised Administrative Code provided a list of the
grounds for disqualification:
■ Among the grounds for disqualification is "the failure of the notary to
make the proper notation regarding cedula certificates."
■ Atty. Examen violated this ground for revocation of commission
○ Notarial Law requires them to certify that a party to the instrument
acknowledged before him has presented the proper residence certificate but it is
clear that the residence certificate number used by Ramon Examen and as
notarized in both Absolute Deeds of Sale was not Ramon's but Florentina's. Atty.
Examen said he was in good faith and that his secretary typed it and he did not
check it but the court said good faith cannot be a mitigating circumstance since
the duty to function as a notary public is personal.
○ PENALTY: Atty. Examen was SUSPENDED from the practice of law for 2 years
and his present notarial commission REVOKED and he is DISQUALIFIED from
reappointment as a notary public for 2 years. He is WARNED that any similar act
or infraction in the future shall be dealt with more severely.