A.C. No. 10783 - Bartolome vs. Basilio

The administrative case was initiated by a complaint filed by Atty. Benigno T. Bartolome on May 19, 2009, before the Integrated Bar of the Philippines (IBP).
The complaint was levied against Atty. Christopher A. Basilio, a notary public in Tarlac City, for alleged violations of the 2004 Rules on Notarial Practice.

Bartolome alleged that Basilio notarized a document entitled "Joint Affidavit of Non-Tenancy and Aggregate Landholdings" on January 15, 2006, which was purportedly subscribed and sworn to before him by Loreto M. TaAedo (Tanedo) and Ramon T. Lim.
It was further alleged that the document was recorded as Doc. No. 375, Page No. 75, Book No. X, Series of 2007 in Basilio’s notarial register despite the fact that TaAedo had died as early as December 1, 2003.

In his Answer/Comment dated June 24, 2009, Basilio admitted the notarization of the Joint Affidavit.
He claimed that he had verified the identities of the affiants through their respective Social Security System (SSS) identification cards and driver’s licenses.
He denied any knowledge that any person misrepresented himself as TaAedo or that TaAedo was dead at the time of notarization.
During a clarificatory hearing, Basilio admitted to:

Failing to record the notarized document in his notarial register.
Not submitting a copy of the document to the Regional Trial Court (RTC) of Tarlac City.
Not revoking or recalling the notarization even after being aware of the irregularity.

The IBP Investigating Commissioner, Randall C. Tabayoyong, in his Report and Recommendation dated June 10, 2010, found Basilio to have shown gross negligence and a complete disregard of the Notarial Rules.
Specific violations noted included:

Failure to indicate the details of the SSS identification card and driver’s license (contrary to Section 8 in relation to Section 6, Rule II).
Failure to properly record the notarial act in his register (in violation of Section 2 (a), Rule VI).
Failure to submit the notarized document to the RTC (violation of Section 2 (h), Rule VI).

On December 29, 2012, the IBP Board of Governors adopted the Report and Recommendation.
Basilio filed a motion for reconsideration, which was denied on September 27, 2014.

The document in question, the Joint Affidavit, required a complete notarial certificate specifying the facts attested by the notary public.
The certificate was incomplete because it omitted details that would evidence the verification of the affiants’ identities.
It was established that one signatory was already dead at the time of notarization, raising serious concerns about the validity of the notarization process.

The sole issue before the Court was whether the IBP correctly found Basilio liable for violation of the Notarial Rules.
The determination focused on whether Basilio's conduct amounted to a failure to adhere to the duties and basic requirements expected of a notary public under the Notarial Rules.

The duty of a notary public to exercise utmost care and follow the prescribed procedures to ensure the integrity of the notarization process.
Whether Basilio’s failure to record the notarial act, properly identify the affiants, and submit the requisite documents constituted gross negligence and falsification of the notarial record.

The potential undermining of public confidence in notarized documents and the integrity of the notarial system.
The broader impact on the practice of law and adherence to professional responsibility standards as mandated by the Code of Professional Responsibility.