A.C. No. 12455 - Sanchez vs. Inton

Ledesma D. Sanchez (Complainant) filed a complaint-affidavit before the Integrated Bar of the Philippines (IBP) against Atty. Carlito R. Inton (Respondent) for alleged violations of the 2004 Rules on Notarial Practice.
The complaint centered on two separate notarial acts performed by the respondent.

On September 15, 2016, the respondent notarized a document titled “Kontrata ng Kasunduan” (Kasunduan).
Sanchez claimed that she did not personally appear before the respondent on that date, alleging that she was at her store at Fairview Center Mall in Quezon City.
To support her claim, Sanchez presented a Sinumpaang Salaysay executed by her employee, Jennen De Leon.
In contrast, the respondent maintained that both Sanchez and Dennis Garcia (the other signatory) appeared in his office in Cabanatuan City on that date and that they presented their respective identification documents.

Notarization of the "Acknowledgment of Legal Obligation With Promissory Note"

On February 10, 2017, Sanchez presented a document known as the Acknowledgment for notarization.
She was surprised when the respondent’s secretaries, acting on his behalf, did not inquire about the whereabouts of the signatory and immediately proceeded to ask for payment and affixed the respondent’s signature on the document.
In his answer, respondent denied notarizing the Acknowledgment, contending that the document did not appear in his notarial book.
Additionally, respondent appealed to considerations of his advanced age (70 years) and cited the potential aggravation of his health should the complaint proceed.

The IBP Investigating Commissioner (IBP-IC), in a Report and Recommendation dated March 8, 2018, found the respondent administratively liable for failing to comply with the Notarial Rules.
The IBP-IC determined that:

In notarizing the Kasunduan, the respondent failed to verify the identity of the person claiming to be Sanchez by obtaining and properly recording the competent evidence of identity.
In the case of the Acknowledgment, the respondent’s secretaries carried out the notarization act, including affixing his signature, thereby breaching the rule that a notarial act must be performed personally by the notary public.

Immediate revocation of the respondent’s notarial commission (if one was in force).
Disqualification from being commissioned as a notary public for a specific period (two years, later modified).

On June 28, 2018, the IBP Board of Governors adopted the findings and recommendations of the IBP-IC, with modifications.
The modified penalty included:

Disqualification from being appointed as a notary public for one year (instead of two years originally recommended).
Immediate revocation of the respondent’s notarial commission if it was still in effect.

Whether the IBP correctly found Atty. Carlito R. Inton liable for violations of the 2004 Rules on Notarial Practice.

Did the respondent fail to verify the identities of the signing parties through competent evidence of identity as required by the Rules, particularly in the notarization of the Kasunduan?
Was the respondent negligent in allowing his secretaries to perform notarial acts on his behalf, specifically in connection with the notarization of the Acknowledgment?
Whether the administrative sanctions imposed by the IBP (revocation of his notarial commission and disqualification from future commissions) were justified based on the evidence and the respondent’s breaches.