Case Digest: Jimmy Anudon and Juanita Anudon, Complainants v. Atty. Arturo B. Cefra, Respondent | A.C. No. 5482, 10 February 2015

Jimmy Anudon and Juanita Anudon, Complainants v. Atty. Arturo B. Cefra, Respondent
A.C. No. 5482, 10 February 2015

Facts:
    Complainants Jimmy Anudon and Juanita Anudon are brother- and sister-in-law. Complainants , along with Jimmy’s brothers and sister, co-own a 4,446 square meter parcel of land located in Sison, Pangasinan. Atty. Cefra notarized a Deed of Absolute Sale over a land owned by the complainants. The names of petitioners appeared as vendors, while the name of Celino Paran, Jr. appeared as the vendee. The complainants claimed that the Deed of Absolute Sale was falsified. They alleged that they did not sign it before Atty. Cefra. The National Bureau of Investigation’s Questioned Documents Division certified that Jimmy and Juanita’s signatures were forged. This was contrary to Atty. Cefra’s acknowledgment over the document. Moreover, it was physically impossible for Jimmy’s brothers and sister to have signed the document because they were somewhere else at that time. Due to the forgery of the Deed of Absolute Sale, the Assistant Prosecutor, with Jimmy and Juanita as witness, filed a case of falsification of public document against Atty. Cefra and Paran.

Issue:
    Whether or not the respondent guilty of violating the Notarial Law and Canon 1 of the Code of Professional Responsibility (CPR).

Held:
    The Supreme Court agreed and adopted the findings of fact of the IBP-Investigating Commissioner. The respondent violated Rule II, Section 1, and Rule IV, Section 2(6) of the Notarial Practice 2004, and Canon 1 of the CPR.

    The Supreme Court suspended the respondent from the Practice of Law for two years, revoked his incumbent Notarial Commission, and perpetually disqualified him from being commissioned as a Notary Public.

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