RICARDO S. OCAMPO, COMPLAINANT, VS. ALFREDO N. CUBA, RESPONDENT.

Alfredo N. Cuba, admitted to the bar in 1961, was charged on January 26,
1979 by Ricardo S. Ocampo with having notarized a deed of extrajudicial
settlement although Ocampo allegedly did not appear before him. The
National Bureau of Investigation in its questioned documents report
dated April 23, 1976 found that Ocampo’s signature in the deed was not
genuine (Exh. D).

The deed was acknowledged before Cuba on September 30, 1970 by Basilio
Ocampo and his sons, Ricardo (complainant) and Jose, as heirs of Juliana
Sunglao, wife of Basilio. It involved the conjugal lot with an area of
150 square meters located at 2281 Romblon Street, Sampaloc, Manila and
the house thereon where the signatories resided.

At the same time, in that deed, Basilio and Ricardo transferred their
interests to Jose in consideration of his assumption of the mortgage
debt of P3,000 to the Development Bank of the Philippines. It was also
signed by Jose’s wife Andrea and Ricardo’s wife Francisca. The number
of Ricardo’s residence certificate appears in the notarial
acknowledgment.

Secretary of Justice Vicente Abad Santos, in his opinion of February 11,
1977, found that Cuba’s indict­ment for falsification in a criminal
case pending in the Manila Court of First Instance appears to be
unjustified (Exh. E).

Cuba, a lawyer in the legal department of the Philippine American Life
Insurance Company, notarized the deed at the instance of Jose S. Ocampo,
his fellow employee. When the deed was presented to him, it was
already signed. He asked the parties and witnesses, including Ricardo,
whether they acknowledged the signatures appearing therein. They
answered in the affirm­ative. He asked them to produce their residence
certificates. He instructed his clerk to enter the document in his
notarial register. He did not charge any notarial fee.

He presented in evidence the report of the Constabulary Crime Laboratory
which found to be genuine the signature of complainant Ricardo S.
Ocampo in the deed (Exh. 7), thus contradicting the NBI report (Exh. D).

The father, Basilio, owned a two-thirds interest in the property and the
sons, Ricardo and Jose, a one-sixth interest each. It is difficult to
believe that the father would sanction an injustice against his son,
Ricardo, just to favor his other son, Jose.

We find that respondent Cuba acted in good faith and that there
is no cause for disciplinary action against him (Monterey vs. Arayata
and Montoya, 61 Phil. 820, 821). Strong, complete and conclusive proof
is necessary to overthrow a notarial document (Robinson vs. Villafuerte,
18 Phil. 171, 190).

WHEREFORE, as recommended by the Solicitor General, the complaint for disbarment is dismissed.

SO ORDERED.

Concepcion, Jr., Escolin, Gutierrez, Jr.,^[*] and Cuevas, JJ., concur.

Makasiar and Guerrero, JJ., on leave.

Abad Santos, J., no part.

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^[*] designated to sit in the Second Division