G.R. No. 121272 - People vs. Lago

Complainants Spouses Antonio Tan and Josefa Perla Tan filed a Joint Complaint-Affidavit dated March 3, 2016, against respondent Atty. Maria Johanna N. Vallejo.
The complaint charged respondent with violation of Section 3(c), Rule IV of A.M. No. 02-8-13-SC (2004 Rules on Notarial Practice).

On September 21, 2012, respondent notarized a Deed of Absolute Sale whereby complainants supposedly sold their property (Transfer Certificate of Title No. T-62471) to respondent’s paternal uncle, Arnold C. Vallejo, Sr. (Vallejo, Sr.).
On the same date, respondent also notarized an Affidavit of Confirmation of Sale allegedly confirming the sale to Vallejo, Sr.
Complainants alleged that respondent was disqualified from notarizing these documents because Vallejo, Sr. is her uncle, a relative within the fourth civil degree, per Section 3(c), Rule IV.
They further claimed they never appeared nor signed the documents before the respondent, had no participation in preparing them, and that it was Vallejo, Sr. alone who prepared and persuaded them to sign under the pretense it was for his loan application.

Respondent countered that on the date of notarization, complainants and her uncle personally appeared at her law office and presented the documents for notarization.
Only complainants had signed the documents, without her uncle’s signature.
After reading, explaining and obtaining their conformity, she notarized the documents.
Respondent asserted that complainants only filed the complaint years later due to a sour relationship with her uncle, aiming to harass him through her.
She denied violating the Rules since only complainants were signatories in the documents notarized.

The Court referred the complaint to the Integrated Bar of the Philippines (IBP) for investigation through a Resolution dated January 18, 2017.
Only respondent appeared and filed briefs in the mandatory conference.
The IBP-Commission on Bar Discipline (IBP-CBD) recommended dismissal of the complaint for lack of merit, finding no violation as only complainants signed the documents.
The IBP Board of Governors adopted and approved the IBP-CBD’s findings and recommendation by Resolution dated June 27, 2020.

Whether respondent violated Section 3(c), Rule IV of the 2004 Rules on Notarial Practice by notarizing the Deed of Absolute Sale and Affidavit of Confirmation of Sale in favor of her uncle as vendee, despite his signature not appearing on the documents.