A.C. No. 10315 - Ladrera vs. Osorio

On December 16, 2013, Librada A. Ladrera filed a sworn complaint alleging that Atty. Ramiro S. Osorio notarized three (3) documents—(a) Deed of Absolute Sale (June 30, 2008), (b) Acknowledgment of Debt and Promissory Note (July 30, 2008), and (c) Deed of Conditional Transfer and Waiver of Possessory Rights (April 24, 2009)—without the personal appearance of her or her daughter, Jeralyn Ladrera Kumar, and without competent evidence of their identity.
She further claimed:

The daughter was abroad at the time, making personal appearance impossible.
The Deed of Absolute Sale lacked a technical description of the property and was executed outside the notary’s jurisdiction.
The Acknowledgment of Debt and Promissory Note bore an incorrect notarization date.
The Deed of Conditional Transfer misidentified the notarial book and page numbers.

Atty. Osorio asserted that complainant and her witnesses came to his office with pre-signed documents but failed to present their IDs only after he had affixed his notarial seal and signature.
He impounded the documents pending presentation of competent evidence of identity and claimed he never released them, though complainant ultimately obtained them.
He denied malice or delay for gain, stating he was not paid for the notarizations.

The case was referred to the IBP-Committee on Bar Discipline (IBP-CBD). Atty. Osorio failed to attend the mandatory conference and to file a position paper despite notice.
The Investigating Commissioner recommended a one-year suspension from the practice of law and revocation of his notarial commission.
The IBP Board of Governors, by Resolution No. XXII-2016-217 (February 25, 2016), adopted the recommendation with modification—immediate revocation of notarial commission, disqualification from re-appointment for two (2) years, and suspension from practice for six (6) months. A motion for reconsideration was denied on January 27, 2017.

Did Atty. Osorio violate the 2004 Rules on Notarial Practice by notarizing documents without the personal appearance of the principals and without competent evidence of identity?
Did he commit further irregularities by using a jurat instead of an acknowledgment and by making incorrect entries in his notarial register?
What disciplinary measures should be imposed for any proven violations of the Notarial Rules, the Code of Professional Responsibility, and the Lawyer’s Oath?