Case Summary (A.C. No. 10783)
Allegations and Admissions
Bartolome alleged that Basilio notarized a document on January 15, 2006, that falsely represented Loreto M. Tanedo as alive, despite Tanedo having passed away on December 1, 2003. Basilio, in his response dated June 24, 2009, admitted to notarizing the document but claimed that he had verified the identities of the individuals before him. He denied knowledge of Tanedo's death and acknowledged his failure to maintain proper records related to the notarized document.
IBP Findings and Recommendations
In a Report and Recommendation issued on June 10, 2010, the IBP Investigating Commissioner concluded that Basilio displayed gross negligence and disregarded the Notarial Rules. Basilio was found to have failed to record necessary identification details in the notarial certificate, did not maintain a notarial register for the Joint Affidavit, and failed to submit the document to the Clerk of Court, as required by the Notarial Rules. Consequently, the recommendation was made for revocation of his notarial commission and suspension from the practice of law for six months.
Resolution and Motion for Reconsideration
The IBP Board of Governors adopted the Investigating Commissioner's recommendations in a resolution dated December 29, 2012. Basilio's motion for reconsideration was denied on September 27, 2014.
Issues for Court Resolution
The principal issue for the Court is whether Basilio is liable for violations of the Notarial Rules.
Court's Ruling on Notarial Duties
The Court underscored that notarization carries significant public interest, necessitating notaries to observe a high degree of care in their duties. The Court concurred with the IBP's findings that Basilio failed to meet these standards. Specifically, he notarized a document without adequately verifying the identities of the signatories. His claims regarding the verification process raised by the use of SSS IDs and driver’s licenses were deemed unreliable due to the absence of that pertinent information on the notarial certificate.
Violations of Notarial Rules
The Court noted specific violations of the Notarial Rules, such as the improper attestation of signing parties and failure to record the transaction in the notarial register. It affirmed that notarial actions must be strictly conducted to maintain public confidence in notarized documents.
Conclusions on Sanctions
Though Basilio a
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Background of the Case
- The case involves an administrative complaint filed by Atty. Benigno T. Bartolome against Atty. Christopher A. Basilio for violations of the 2004 Rules on Notarial Practice.
- The complaint was lodged on May 19, 2009, with the Integrated Bar of the Philippines (IBP).
The Allegations
- Bartolome accused Basilio, a notary public in Tarlac City, of notarizing a "Joint Affidavit of Non-Tenancy and Aggregate Landholdings" on January 15, 2006.
- The affidavit was purportedly subscribed by Loreto M. TaAedo and Ramon T. Lim, but TaAedo had died on December 1, 2003.
- The notarization was recorded as Doc. No. 375, Page No. 75, Book No. X, Series of 2007 in Basilio's notarial register.
Basilio's Defense
- In his Answer/Comment dated June 24, 2009, Basilio admitted to notarizing the Joint Affidavit but claimed he verified the identities of the signatories using their Social Security System (SSS) cards and driver's licenses.
- Basilio denied knowing that TaAedo was deceased at the time of notarization.
Clarificatory Hearing
- During the hearing, Basilio acknowledged several failures:
- He did not record the Joint Affidavit in his notarial book.
- He failed to submit a copy to the Regional Trial Court (RTC) of Tarlac City.
- He did not revoke or recall the notarization.
IBP's Findings
- The IBP Investigating Commissioner, Randall C. Tabayoyong, submitted a Report and Recommendation on June 10, 2010.
- It found Basilio guilty of gross negligence and disregard for the Notarial Rules, noting:
- He failed to document the identification details of the affiants in the