A.M. No. P-98-1284 - Cana vs. Gebusion

The Office of the Ombudsman (Mindanao) issued a Decision on September 26, 2012, in Case No. OMB-M-A-10-023-A involving the notarization of a Deed of Partition.
The Decision noted that the Deed had been notarized on July 23, 2003, by Atty. Robellito B. Diuyan, despite one of its signatories, Alejandro F. Camilo, having died on August 23, 2001.
The Ombudsman expressed concern over the notarization process given the apparent discrepancy with the affiant’s personal circumstances and identity documents.

The Supreme Court, in a Resolution dated July 24, 2013, converted the Ombudsman's decision into an administrative complaint against Atty. Diuyan, requiring him to file a comment.
On October 30, 2013, Atty. Diuyan submitted a letter explaining that:

He notarized the Deed in his capacity as District Public Attorney for Mati City and Davao Oriental.
The notarization was performed for free for indigent parties who appeared before him.
He ensured the authenticity and correctness of the document by verifying each affiant’s Community Tax Certificate (CTC) and obtaining their affirmative confirmation upon inquiry.

Investigation and Proceedings by the Integrated Bar of the Philippines (IBP)

A Resolution dated February 3, 2014, referred the matter to the IBP for further investigation, report, and recommendation.
A mandatory conference was scheduled for May 29, 2014, in Pasig City; however, it was terminated due to the respondent’s physical incapacity resulting from a debilitating stroke suffered in 2012.
A Position Paper was subsequently submitted by Atty. Diuyan, reiterating his claim of having performed his duties in good faith as a public officer.

The IBP Commission on Bar Discipline (CBD) issued a Report and Recommendation on September 24, 2014.

The IBP-CBD found Atty. Diuyan guilty of violating the 2004 Rules on Notarial Practice, although noting there was no deceit or malice in his act.
It recommended a one-year revocation of his notarial commission, warning that repetition of similar acts would attract more severe penalties.

The IBP-Board of Governors (BOG) adopted and modified this recommendation on December 14, 2014 by:

Immediately revoking Diuyan’s notarial commission if he was presently commissioned.
Disqualifying him from being commissioned for two years.
Suspending him from practicing law for six months.

The Deed of Partition was notarized on July 23, 2003 when the then-applicable law required only the presentation of CTCs as proof of identity.
The eight affiants, all indigent farmers lacking other forms of personal identification, appeared in person and signed the document.
There was no indication or irregularity in the execution of the Deed that would have warranted further inquiry from the respondent, ensuring the document’s validity as an exercise of the farmers’ rights.

Whether Atty. Diuyan should be held administratively liable for notarizing a Deed of Partition on July 23, 2003 based solely on the affiants’ presentation of CTCs.
Whether the application of the 2004 Rules on Notarial Practice in rendering the respondent liable was appropriate given that the notarization occurred prior to the effectivity of those rules.

The issue of whether a lawyer acting as a notary public is bound by the notarial law extant at the time of notarization or by subsequent regulatory changes.
The relevance of the presumption of good faith in the performance of a public officer’s duties, as well as the non-retroactive application of new rules.