A.C. No. 5161 – 471 Phil. 1 – 427 SCRA 108 – Remedial Law – Special Proceedings – Settlement of Estate – Extrajudicial Settlement – Exclusion of an heir
Legal Ethics – Disbarment – Deceitful Conduct – Giving Illegal Advice
The parents of Isidra Ting-Dumali died intestate and they left several properties including two parcels of land – Lot 1586 and Lot 1603 both in Malabon. Isidra has 5 other siblings.
In 1986 however, two of her siblings, Felicisima Ting-Torres and Miriam Ting-Saria, executed two Deeds of Extrajudicial Settlement. They were assisted by Felicisima’s husband, Atty. Rolando Torres – who was also the administrator of the Ting Estate. In the Deed of Extrajudicial Settlement covering Lot 1586, they made it appear that Felicisima and Miriam were the only heirs of the Tings. In the Deed of Extrajudicial Settlement covering Lot 1603, the signature of Isidra was forged to make it appear that she was a party to the Deed. Torres then presented the Deeds to the Registry of Deeds of Cavite for the purpose of transferring the titles into the name of Miriam and Felicisima. Thereafter, Felicisima and Miriam sold the lands to a corporation.
Consequently, Isidra filed several complaints. One of the complaints is this disbarment case against Atty. Torres.
Torres, in his defense, averred that he acted in good faith in allowing his wife and Miriam to execute the Deeds; that he thought that the Deeds were agreed to by the other siblings pursuant to a toka or verbal will left by Isidra’s mother and as implemented by their eldest brother, Eliseo Ting; that the exclusion of the other heirs was merely an oversight.
Isidra denied the existence of the toka. Eliseo also said there was no such toka.
ISSUE: Whether or not Torres should be disbarred for allowing the exclusion of the other heirs from the Deeds of Extrajudicial Settlement despite his knowledge of their presence.
HELD: Yes. He violated his oath as he engaged in deceitful conduct. He has committed falsehood. By letting his wife and Miriam declare in a public document that they are the only heirs to the estate when in fact there are other compulsory heirs and then later presenting these Deeds to the Registry of Deeds, Atty. Torres failed to advise that the two were doing acts contrary to law. He participated in the making of these Deeds as well as to the subsequent transactions involving the sale of the properties covered by the Deeds. His acts facilitated a wrong against the other heirs.
