Facts:

On May 28, 2009, Jean Marie S. Boers (complainant) filed a complaint-affidavit against Atty. Romeo Calubaquib (respondent) before the Commission on Bar Discipline, alleging violations of the Rules on Notarial Practice. The complaint arose from a Deed of Sale dated October 16, 1991, which was notarized by Calubaquib and purportedly bore Boers' signature as one of the sellers. Boers contended that she could not have signed the document as she was in Canada at the time, having left the Philippines on December 20, 1990. To substantiate her claim, she presented her passport and Philippine visa, which confirmed her absence from the country during the relevant period. Furthermore, Boers highlighted the lack of a residence certificate number or any competent identification in the notarization of the Deed of Sale. Upon investigation, she discovered that the Deed of Sale was not recorded in Calubaquib's notarial file at the National Archives, where it was instead linked to an u...

Facts:

Background of the Case

• On May 28, 2009, Jean Marie S. Boers (the Complainant) filed a complaint-affidavit before the Commission on Bar Discipline against Atty. Romeo Calubaquib (the Respondent).
• Boers alleged that Calubaquib breached the Rules on Notarial Practice and sought appropriate disciplinary measures against him.

Land Transaction and Notarial Act

• Boers, together with her siblings, is a co-owner of certain parcels of land in Tuguegarao City, covered by a transfer certificate of title.
• In October 2008, Boers discovered that Isaac Gavino had annotated an adverse claim on their land, based on a Deed of Sale executed on October 16, 1991.
• The Deed of Sale, showing Boers’ signature among the sellers, was notarized by Calubaquib on the same date.

Allegations Regarding Boers’ Signature and Appearance

• Boers asserted that she could not have signed the Deed of Sale or appeared before Calubaquib for its notarization on October 16, 1991, because she was already in Canada.
• To support her claim, Boers submitted her passport indicating her departure from the Philippines on December 20, 1990, and a Philippine visa valid only until February 7, 1991.
• Additional evidence cited was the absence of a residence certificate number or any competent identification in the notarization entry of the Deed of Sale.

Documentary Discrepancies

• Upon inquiry with the National Archives of the Philippines, it was found that the Deed of Sale was not present in Calubaquib’s notarial file.
• Instead, the document recorded (Doc. No. 143; Page No. 30; Book No. LIX; Series of 1991) corresponded to an affidavit executed by Alfred Danao on October 15, 1991, raising doubts on the authenticity of the notarized document.

Prior Sanctions and Additional Evidence

• Boers also pointed out that the Supreme Court had previously sanctioned Calubaquib in Lingan v. Calubaquib, wherein he was suspended from the practice of law for one year for failing to enter a certification of forum shopping in his notarial record.
• In his defense, Calubaquib maintained that Boers had actually signed the Deed of Sale and was present for its acknowledgment.
• He submitted a joint affidavit of Boers’ relatives, which explained that:
• Boers signed the document at Calubaquib’s office, but notarization was delayed because not all parties signed concurrently.
• The delay was also due to a dispute (an increased purchase price by Jose A. Simangan, Jr.) between the parties, with the final notarization occurring only after the differences were resolved.
• By the time the document was presented for notarization, Boers was reportedly out of the country.

Disciplinary Proceedings and Recommendations

• The Commission on Bar Discipline conducted a mandatory conference and requested the submission of position papers after directing Calubaquib to file his answer.
• On May 23, 2011, the Commission submitted its Report and Recommendation, proposing:
• Suspension of Calubaquib from the practice of law for two (2) years.
• Revocation of his notarial commission.
• Perpetual disqualification from being commissioned as a notary public.
• The Integrated Bar of the Philippines (IBP) Board of Governors endorsed the Commission’s recommendation, with a modification later removing a stern warning, on Calubaquib’s motion for reconsideration.

Issue:

• Whether Calubaquib violated the Rules on Notarial Practice by notarizing the Deed of Sale without ensuring the personal appearance of the signatory, Jean Marie S. Boers, as required by law.
• Whether the evidence presented by Boers, including her passport and visa showing her absence from the country at the relevant time, corroborates the claim that she could not have been present during notarization.
• Whether the absence of the Deed of Sale in Calubaquib’s notarial file—and the recording of a different document instead—constitutes a violation of the mandatory recording requirements under the Rules.
• Whether Calubaquib’s prior sanction in Lingan v. Calubaquib aggravates the present misconduct, warranting a harsher penalty.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Doctrine:

• (Subscriber-Only)