Defense says questions on notarization won’t affect transaction’s legality
MANILA, Philippines—The defense panel on Tuesday said it does not follow that the transfer of Cristina Corona’s properties to her cousin Demetrio Vicente was illegal simply because the deed of sale was not notarized by a commissioned notary public.
Private prosecutor Jose Justiniano showed a certification during the proceedings that stated Maria Beatrice Montoya, the notary public who notarized the deeds of sale, has never been commissioned as a notary public in the city.
“The transfer of property can be voluntary and at the same time is not required to be notarized. What is important is the parties agree on the transaction,” defense Lawyer Tranquil Salvador told reporters.
“There is no problem if there is a question on the notarization, it does not mean that the transaction was not real,” Salvador reiterated.
Vicente testified that he bought the seven properties of Cristina Corona in Marikina City in 1990, and had been paying the corresponding taxes since, but was never able to transfer the titles to his name because he ran out of money to pay for the required transfer tax.
Lawyer Karen Jimeno told reporters that “it’s not unusual that when it comes to selling properties you will first approach people you know or are your friends or relatives because that is where you are comfortable.”
Jimeno added that “on the part of [the Coronas], it was only important for them that the buyer can pay, the transfer was no longer their problem. Vicente trusted the Coronas because they are related.”
“Normally, if the seller is not a relative or a person you know, you will make sure that you get the title because it might be sold again to another buyer,” Jimeno said.
“But in Vicente’s case, he got the title immediately,” Jimeno said. “He was able to build a house,” she said.
Jimeno added that under the law, legal ownership was different from the actual transfer of the title.
