Letter to an Attorney

Dear Attorney,

Good day. I am writing to seek your professional advice regarding a deeply concerning issue involving a forged Deed of Sale and the alleged falsification of my father’s signature by relatives. It has come to my attention that the document in question was also fraudulently notarized.

As a concerned party, I wish to understand my legal rights and the remedies available to me under Philippine law. Could you please guide me through the steps I can take to address this matter and ensure justice is served?

Thank you for your assistance.

Sincerely,
A Concerned Citizen

Forgery of a Deed of Sale and Notarial Misconduct in the Philippines: A Comprehensive Legal Guide

I. Introduction

Forgery and notarial misconduct are serious legal issues in the Philippines, as they undermine the sanctity of public documents and the integrity of property transactions. This article provides an in-depth analysis of the legal principles, remedies, and potential liabilities related to the forgery of a Deed of Sale and falsified notarization. It also explores how aggrieved parties can seek justice through criminal, civil, and administrative channels.

II. Legal Framework Governing Forgery

A. Definition and Nature of Forgery Under Philippine law, forgery is defined as the act of falsifying a document, either by imitating another person's signature or altering a genuine document, with the intent to deceive or defraud. This constitutes a criminal offense under the Revised Penal Code (RPC).

B. Relevant Provisions of the Revised Penal Code

Article 171: Falsification of Public Documents
- A Deed of Sale is considered a public document when notarized. Forging a signature or falsifying its contents constitutes falsification under Article 171.
- Penalties: Reclusion temporal (6 years and 1 day to 12 years) and a fine.
Article 172: Falsification of Private Documents
- If the Deed of Sale was not yet notarized, the act of forgery falls under Article 172.
- Penalties: Prision correccional (6 months and 1 day to 6 years).

C. Elements of Forgery To establish forgery, the following elements must be proven:

The document was falsified.
The falsification was committed with intent to cause damage or prejudice.
The offender has no lawful right to alter the document.

III. Notarial Misconduct and Its Implications

A. Importance of Notarization Notarization gives public documents evidentiary weight, ensuring authenticity and enforceability. The Notary Public is tasked with verifying the identities of signatories and ensuring the document reflects their free and voluntary act.

B. Grounds for Notarial Misconduct

Notarizing documents without the personal appearance of signatories.
Failure to verify the authenticity of the signatory’s identity.
Participation in the falsification of a document.

C. Administrative Sanctions The Notary Public may face the following sanctions:

Revocation or suspension of their notarial commission.
Disqualification from reappointment as a Notary Public.
Other disciplinary actions from the Supreme Court.

IV. Legal Remedies for Aggrieved Parties

A. Criminal Remedies

Filing a Complaint for Falsification
- The aggrieved party can file a complaint with the Office of the City Prosecutor. Evidence such as the forged document, specimen signatures of the alleged forger, and expert testimony will be crucial.
Penalties for Accomplices and Accessories
- Relatives or associates who conspired in the forgery or benefited from it can also be charged under the principle of conspiracy.

B. Civil Remedies

Annulment of the Deed of Sale
- Under Article 1390 of the Civil Code, a contract based on fraud or forgery is voidable. The aggrieved party may seek annulment to nullify the sale and restore ownership of the property.
Action for Damages
- The injured party may claim moral and exemplary damages for the distress and harm caused by the forgery.

C. Administrative Remedies

Complaint Against the Notary Public
- File a complaint with the Office of the Executive Judge of the Regional Trial Court (RTC) where the Notary Public is commissioned.
Revocation of Notarial Commission
- Prove that the Notary Public failed to comply with the Notarial Rules.

V. Gathering and Presenting Evidence

A. Key Pieces of Evidence

The forged Deed of Sale.
Specimen signatures of the signatory whose name was forged.
Expert handwriting analysis and testimony.
Records of notarization, including the Notary Public’s journal.

B. Role of Expert Testimony Handwriting experts play a vital role in proving forgery. Their testimony can establish discrepancies between the genuine and forged signatures.

VI. Jurisprudence on Forgery and Notarial Misconduct

A. Relevant Cases

Spouses Malbarosa v. Court of Appeals (G.R. No. 115647)
- The Supreme Court nullified a Deed of Sale upon proving forgery and lack of personal appearance before the Notary Public.
Santos v. Lina (G.R. No. 161746)
- Emphasized the accountability of Notaries Public in ensuring authenticity and personal appearance.

B. Principles Established

Public documents are presumed authentic, but this presumption is rebuttable.
Forgery invalidates a document and all legal effects arising from it.

VII. Practical Steps for the Aggrieved Party

Secure Legal Assistance
- Engage a competent lawyer experienced in forgery cases.
File Complaints Promptly
- Time is of the essence; ensure that complaints are filed within the prescriptive period.
Ensure Proper Documentation
- Maintain all relevant evidence and documentation to support your case.

VIII. Ethical and Social Implications

A. Upholding Integrity in Legal Transactions Forgery and notarial misconduct erode trust in legal processes. It is imperative to hold wrongdoers accountable to preserve the integrity of property transactions.

B. Role of the Public Citizens must be vigilant in safeguarding their legal documents and promptly reporting suspicious activities to authorities.

IX. Conclusion

Forgery and notarial misconduct are not only criminal offenses but also affronts to the integrity of public records and legal transactions. Aggrieved parties must act decisively to seek justice through the appropriate legal, civil, and administrative channels. By understanding the remedies available under Philippine law, individuals can protect their rights and contribute to a culture of accountability and integrity in legal practices.

This guide provides a roadmap for those confronting similar issues, ensuring they are equipped with the knowledge to navigate the complexities of the Philippine legal system effectively.