A.C. No. 12154 - Velarde vs. Ilagan

A Complaint-Affidavit was filed against Atty. Ruben M. Ilagan, alleging that he committed a violation of the 2004 Rules on Notarial Practice.
The complaint imputed that respondent notarized several Deeds of Absolute Sale executed by a deceased vendor, Narciso Salas.

The subject land is a parcel situated in Ma. Cristina Village, originally dedicated for parks and playgrounds, covering an area of 1,467 square meters.
This land was registered in the name of Narciso Salas under TCT No. NT-229061, but ownership was held in common by all lot owners and buyers of the village, including complainant Atty. Rogelio N. Velarde.
Narciso Salas passed away on May 6, 2010; however, the land was later subdivided into eight lots three years after his death.
Out of the eight lots, five (covered by TCT Nos. 041-201300813 to 041-2013008117) were allegedly sold by Narciso and his surviving spouse, Lina Domingo Salas, through various Deeds of Absolute Sale spanning from December 13, 2013, to September 1, 2014.

Complainant alleged that respondent notarized the deeds despite one of the vendors (Narciso) being deceased, thus failing to observe the necessary requirement of the affiant’s personal appearance.
It was contended that by notarizing these documents without complying with the 2004 Rules on Notarial Practice, respondent's actions deprived the complainant and other co-owners of their rights and benefits from the subject land.

In his Answer, respondent offered a general denial and maintained that his signatures on the deeds of sale were forged.
The Integrated Bar of the Philippines (IBP) initiated proceedings by issuing a Notice of Mandatory Conference Hearing on April 17, 2015.
Subsequent IBP orders noted respondent’s non-appearance at hearings held on June 5, 2015, and October 29, 2015. Only the complainant attended these sessions, leading to the submission of position papers—complainant duly filed, while respondent did not file his.
In the Report and Recommendation dated May 23, 2016, the IBP-Commission on Bar Discipline (CBD) found respondent guilty of misconduct for notarizing deeds knowing that one of the vendors was deceased, recommending heavy disciplinary sanctions including suspension, revocation of his notarial commission, and a disqualification period.
The IBP-Board of Governors adopted these findings in a Resolution dated June 17, 2017.

Whether respondent’s conduct in notarizing the deeds of sale, particularly those executed after the vendor’s death, constitutes a violation of the 2004 Rules on Notarial Practice.
Whether the failure to require the personal appearance of the affiants, a mandatory element under the notarial rules, justifies the imposition of disciplinary actions against a commissioned notary public.
Whether respondent’s repeated non-compliance with IBP’s mandatory conference orders further aggravates his misconduct under the Code of Professional Responsibility.