A.C. No. 3910 - JOSE S. DUCAT, JR., COMPLAINANT, VS. ATTYS. ARSENIO C. VILLALON, JR. AND CRISPULO DUCUSIN.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, respondent (being a lawyer) knew or ought to know that Jose Ducat, Sr. could not possibly give to him the said property unless the former is duly authorized by the complainant through a Special Power of Attorney. No such authorization has been given. Moreover, Jose Ducat, Sr. has vigorously denied having given the subject property to the respondent. This denial is not too difficult to believe considering the fact that he (Jose Ducat, Sr.) is not the owner of said property. SECOND, being a lawyer, respondent knew or ought to know that conveyance of a real property, whether gratuitously or for a consideration, must be in writing. Accordingly, it is unbelievable that he would consider himself the owner of the subject property on the basis of the verbal or oral giving of the property by Jose Ducat, Sr. no matter how many times the latter may have said that. THIRD, the Deed of Sale of Parcel of Land (Exh. 1 for the respondent and Exh. A-2 for the complainant) allegedly executed by Jose Ducat, Sr. in favor of respondent Atty. Arsenio Villalon and/or Andres Canares, Jr. covering the subject parcel of land which respondent prepared allegedly upon instruction of Jose Ducat, Sr. is of dubious character. As earlier adverted to, Jose Ducat, Sr. is not the owner of said property. Moreover, said Deed of Sale of Parcel of Land is a falsified document as admitted by the respondent himself when he said that the signature over the typewritten name Maria Cabrido (wife of Jose Ducat, Sr.) was affixed by Jose Ducat, Sr. Being a lawyer, respondent knew or ought to know that the act of Jose Ducat, Sr. in affixing his wifes signature is tantamount to a forgery. Accordingly, he should have treated the said Deed of Sale of Parcel of Land has (sic) a mere scrap of worthless paper instead of relying on the same to substantiate his claim that the subject property was given to him by Jose Ducat, Sr. Again, of note is the fact that Jose Ducat, Sr. has vigorously denied having executed said document which denial is not too difficult to believe in the light of the circumstances already mentioned. FOURTH, the Deed of Absolute Sale of Real Property (Exh. 2 for the respondent and Exh. A-3 for the complainant) allegedly executed by Jose Ducat, Jr. in favor of Andres Canares, Jr. over the subject property (which respondent claims he prepared upon instruction of Jose Ducat, Sr.) is likewise of questionable character. Complainant Jose Ducat, Jr. has vigorously denied having executed said document. He claims that he has never sold said property to Andres Canares, Jr. whom he does not know; that he has never appeared before Atty. Crispulo Ducusin to subscribe to the document; and that he has never received the amount of P450,000.00 representing the consideration of said transaction. More importantly, the infirmity of the said Deed of Absolute Sale of Real Property was supplied by the respondent no less when he admitted that there was no payment of P450,000.00 and