CARLITO ANG VS. ATTY.

JAMES JOSEPH GUPANA

A.C NO. 4545 (February 5, 2014)
Justice Villarama, JR.

Facts:

The complainant filed an administrative case against the Respondent, Atty.

Gupana for his alleged participation in the commission of forgeries and falsification of
documents such as Affidavit of Loss, Deed of Absolute Sale, and Transfer Certificate of
Title (TCT). Said acts involved the notarization without the presence of the affiant as the
latter has been dead at the time of action. Further, it was found that the respondent’s
clerical staff was the one who investigates the completeness of the documents and
identity of the parties, and prepares the entries in the notarial report which “must have
been the reason for the forged signatures of the parties in the questioned document.”

Issue:

WON Atty. Gupana is administratively liable.

Held:

Yes, The Court found Atty. Gupana administratively liable, as in the finding of the
IBP Commission on Bar Discipline.

The Court also found that the respondent did not act unethically when he sold the
property in dispute as there was no longer notice of lis pendens annotated on the said
lot sold. Also, the Court found no sufficient evidence to show that the Deed of Sale
executed by Candelaria Magpayo on April 17, 1989 was antedated.

However, Atty. Gupana was liable for violation of his notarial duties when he
failed to require the personal presence of Candelaria Magpayo when he notarized the
Affidavit of Loss allegedly executed on April 29, 1994. Section 1 of Public Act No. 2103,
otherwise known as the Notarial law, explicitly provides the presence of the
acknowledging party before the notary public or any other person authorized to take
acknowledgments for that matter. Candelaria was already dead since March 26, 1991.

Respondent also violated Rule 9.01, Canon 9, of the Code of Professional

Responsibility which provides that, "[a] lawyer shall not delegate to any unqualified
person the performance of any task which by law may only be performed by a member
of the Bar in good standing."

Ergo, Respondent Atty. James Joseph Gupana was suspended from the practice
of law for one year. Further, his notarial commission, if any, is revoked and he is
disqualified from reappointment as Notary Public for a period of two years, with a stern
warning that repetition of the same or any similar conduct in the future will be dealt with
more severely.