G.R. No. 190340 - People vs. Ramos

A disbarment complaint was filed by Luzviminda R. Lustestica (the complainant) against Atty. Sergio E. Bernabe (the respondent).
The complaint arose from the notarization of a falsified or forged Deed of Donation involving real property purportedly executed by donors who were deceased at the time of notarization.
The alleged donors were Benvenuto H. Lustestica (complainant’s father) and his first wife, Cornelia P. Rivero, both confirmed by their death certificates to have been dead prior to the execution of the deed.

The respondent notarized the Deed of Donation on August 5, 1994, which purportedly involved:

In his Answer, the respondent admitted to the fact of the donors’ deaths but claimed he had no knowledge of their demise when notarizing the document.
The respondent further maintained that he made efforts to verify the identities of the persons who appeared before him as donors.
However, his attestation contained blank spaces where the details of the residence certificates should have been inscribed—a breach of the requirements under the Notarial Law.

The Commission determined that by notarizing a deed executed by persons known to be deceased, the respondent committed a falsehood in violation of his oath and neglected his duties as a notary public.
The Commission noted that proper procedure required presentation and notation of residence certificates, which the respondent failed to secure or record.
Based on his judicial admission regarding the death dates of the donors, it was clear that they could not have personally appeared before him on the notarization date.
The evidence showed that, in addition to notarizing a forged document, the respondent’s conduct was marked by gross negligence in failing to ascertain or verify the true identities of the purported parties.

After the submission of the respondent’s Answer, the case was referred to the IBP Commission on Bar Discipline for investigation, resulting in:

A Report by IBP Commissioner Leland R. Villadolid, Jr. recommending a suspension of one (1) year from the practice of law and disqualification from reappointment as notary public for two (2) years.
The subsequent adoption of this recommendation by the IBP Board through Resolution No. XVII-2005-116.

The case was later connected with CBD Case No. 04-1371 (Victorina Bautista v. Atty. Sergio E. Bernabe) where similar irregularities in notarization were found, leading the Court to revoke the respondent’s notarial commission and suspend him from the practice of law.
Multiple motions for reconsideration were filed by the respondent before both the IBP Commission and the Court, all of which were denied.
In a final administrative step, the respondent sought clearance to resume the practice of law after alleging that he had served the penalties imposed in the previous administrative cases.

Whether Atty. Sergio E. Bernabe, by notarizing the Deed of Donation despite the donors having been deceased at the time of execution, violated the requirements of the Notarial Law and his duties as both lawyer and notary public.

Did the respondent’s failure to require and record the residence certificates of the appearing parties constitute a breach of his legal duties?
Is his judicial admission of notarizing a document involving persons known to be dead sufficient to establish his gross negligence and deceitful conduct?
Whether the administrative sanctions imposed by the IBP Commission on Bar Discipline were adequate considering the respondent’s prior misconduct and the seriousness of the breach.