G.R. No. 1051 - People vs Dorr

On March 17, 2003, Atty. Federico D. Ricafort filed a verified complaint before the Integrated Bar of the Philippines (IBP) against Atty. Eddie R. Bansil.
The complaint alleged misconduct on the part of respondent for violating the constitutional right of the people to receive information on matters of public concern, as well as for contravening R.A. No. 6713 (the Code of Conduct and Ethical Standards for Public Officials and Employees).

Respondent was commissioned as a Notary Public for Guagua, Pampanga.
As part of his notarial duties, he was obligated to submit his notarial book and related documents to the Clerk of Court of the Regional Trial Court of Guagua, Pampanga on a monthly basis and upon commission renewal.

Complainant, acting on behalf of professional responsibility, requested the Clerk of Court, Atty. Jorge Bacani, to notify respondent to present his notarial book (specifically Notarial Book No. XV, Series of 2002) for verification of notarized documents.
The request was communicated on several occasions, including a formal letter dated February 20, 2003, which was received by respondent on March 3, 2003.

Despite repeated requests by both complainant and Clerk Atty. Bacani, respondent repeatedly failed or refused to present the requested notarial book.
Respondent’s defense claimed that the inability to produce the book was attributable to its loss due to heavy flooding affecting the area from July 6 to 20, 2002.
He further argued that complainant did not specify the particular document requiring verification and that he was willing to assist if properly informed.

At the hearing on June 4, 2003, only the complainant appeared while respondent was absent.
Respondent’s notice of absence was received belatedly, and he subsequently failed to submit his required memorandum despite being given an opportunity.
The Investigating Commissioner proceeded ex parte, issuing an order for both parties to submit their memoranda. Respondent’s failure to submit was taken as a waiver of his right to be heard.

Commissioner Rebecca Villanueva-Maala found respondent administratively liable and recommended a suspension of one year from the practice of law.
The IBP Board of Governors, in its resolution dated October 25, 2003, adopted the findings but reduced the penalty to a reprimand.
The Court, however, agreed with the finding of administrative liability and went further by imposing a fine of P5,000.00, noting the seriousness of the unprofessional conduct.

The complaint was limited to the discharge of respondent’s function as a notary public, not relating to any function as an elected official.
Accordingly, the respondent was held accountable under the Code of Professional Responsibility and the Code of Professional Ethics, not under the Code for Public Officials and Employees.

A notary public is mandated to keep and safeguard public documents, and negligence in this duty may constitute unprofessional conduct.
The respondent’s failure to even notify complainant or the Clerk of Court about the alleged loss further aggravated his dereliction of duty.
The case underscores the importance of maintaining the integrity and accessibility of public documents in the legal profession.

Whether respondent’s failure to present his notarial book and documents on request constitutes unprofessional conduct under the Code of Professional Responsibility.
Whether the respondent’s justification of the loss of his notarial book due to flooding is sufficient to excuse his non-compliance with his notarial duties.
Whether the procedural default of respondent in not submitting a memorandum or attending the hearing justifiably resulted in the waiver of his right to defend himself.
Whether the penalty imposed—a fine of P5,000.00 accompanied by a reprimand—is appropriate in light of the gravity of the respondent’s dereliction of duty and the wastage of resources incurred.