Case Summary (A.C. No. 8103)
Allegations Against Respondent
The complaints detailed that Atty. Bagay notarized several documents during a period when he was traveling abroad from March 13, 2008, to April 8, 2008. The documents in question included various deeds of donation and absolute sale, which were purportedly executed while Bagay was absent. Atty. Angeles sought to investigate these notarizations, which were later confirmed to have been executed in the absence of the notary public, raising concerns regarding the integrity of the notarization process.
Procedural Developments
The allegations were referred to the Integrated Bar of the Philippines (IBP) after initial review, leading to a comprehensive investigation by the Commission on Bar Discipline (CBD). Atty. Angeles clarified that his initial letter was meant to report the situation and not as a formal complaint, but the matter was pursued as it involved significant implications regarding the practice of law and public trust. The case proceeded with hearings and submissions of position papers, predominantly featuring Atty. Bagay’s claims regarding his inadvertent negligence.
Findings of the Investigating Commissioner
The investigation found that Atty. Bagay failed to verify the circumstances surrounding the notarizations. While his secretary notarized the documents, he acknowledged negligence in allowing unrestricted access to his notarial seal and records. The Investigating Commissioner determined that Bagay’s actions constituted gross negligence, as he held responsibility for the actions of his secretary and failed to ensure proper notarial procedures were followed.
IBP Board of Governors Resolution
On September 28, 2013, the IBP Board of Governors adopted the recommendation of the Investigating Commissioner, concluding that Atty. Bagay was guilty of negligence regarding his duties as a notary public. As a result, his notarial commission was revoked, and he was disqualified from reappointment as a notary public for a period of two years. The recommendation emphasized the breach of trust and the potential harm caused to the public.
Motion for Reconsideration
Atty. Bagay subsequently filed a motion for reconsideration, arguing for leniency based on his prior unblemished record. He contended that his actions were merely a result of simple negligence. However, this motion was denied by the IBP on May 4, 2014, as the board found no justifiable basis to alter its previous resolution.
Court's Ruling on Negligence
The Court affirmed the IBP's findings, highlighting that Atty. Bagay’s admission of allowing his secretary to notarize documents in his absence substantively demonstrated neglect of his monumental responsibility as a notary public. The legal standard outlined in the 2004 Rules on Notarial Practice stressed that a notary public is wholly responsible for the integrity of their notarial acts, without the capacity to transfer this responsibility to unauthorized persons.
Additional Penalties and Professional Conduct
The Court determined that the respondent's negligence represented a breach of his obligations under the Code of Professi
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Case Overview
- This case addresses the September 28, 2013 Resolution of the Integrated Bar of the Philippines (IBP) Board of Governors concerning Atty. Renato C. Bagay’s negligence in performing his notarial duties.
- The IBP found Atty. Bagay guilty of negligence for notarizing 18 documents while he was out of the country, resulting in the immediate revocation of his notarial commission and a two-year disqualification from reappointment as Notary Public.
Parties Involved
- Complainant: Atty. Aurelio C. Angeles, Jr., Provincial Legal Officer of Bataan.
- Respondent: Atty. Renato C. Bagay, Notary Public.
Background of the Case
- The complaint originated from a letter dated June 11, 2008, submitted by Atty. Angeles to the Executive Judge of the Regional Trial Court of Bataan, alleging that Atty. Bagay notarized documents while abroad from March 13 to April 8, 2008.
- The notarized documents included various deeds and settlements dated during the time Atty. Bagay was outside the country, attending a Prayer and Life Workshop in Mexico.
Evidence Presented
- The complaint was supported by affidavits from individuals who stated they did not witness Atty. Bagay sign the documents, asserting that his secretary either signed them or that the documents were already signed when they arrived at the office.
- Verification with the Bureau of Immigration confirmed Atty. Bagay's absence from the country during the specified period.
Procedural History
- The Executive Judge referred the matter to the IBP, which subsequently endorsed it to the Commission on Bar Discipline (CBD).
- Atty. Angeles clarified that his initial communication was not a formal