Case Summary (A.C. No. 10562)

The Case

• Overview: Jean Marie S. Boers filed a complaint against Atty. Romeo Calubaquib for allegedly violating the Rules on Notarial Practice.
• Initial Actions: The Commission on Bar Discipline ordered Calubaquib to respond and conducted a mandatory conference, requesting position papers from both parties.
• Conclusion by Commission: On May 23, 2011, the Commission submitted its findings to the Integrated Bar of the Philippines (IBP) Board of Governors, which approved the recommendations.

Factual Background

• Property Ownership: Boers and her siblings co-own land in Tuguegarao City, which became subject to an adverse claim based on a purported Deed of Sale dated October 16, 1991.
• Allegation of Forgery: Boers claims she was in Canada at the time of the signing and presented her passport as evidence.
• Notarization Issues: The Deed of Sale was notarized by Calubaquib, but Boers argued it was invalid as she did not appear before him.

Legal Principles and Violations

• Notarial Practice Regulations: The Rules on Notarial Practice stipulate that an individual must appear in person before a notary for acknowledgment.
  • Key Definitions:
    • Acknowledgment: An act where an individual presents a document to a notary, verifies identity, and affirms voluntary signature.
• Mandatory Recording: Notaries must maintain a notarial register and record every act at the time of notarization.
  • Requirements:
    • Presence of signatories is mandatory.
    • Notarial acts must be accurately recorded to ensure legal validity.

Findings Against Calubaquib

• Violation of Rules: Calubaquib failed to ensure Boers' presence during notarization and did not record the Deed of Sale in his notarial register.
• Evidence of Misconduct: A joint affidavit provided by Boers’ relatives confirmed she was out of the country during the notarization.
• Previous Sanction: Calubaquib had a previous sanction for similar violations, which aggravated the current case.

Penalties Imposed

• Disciplinary Action:
  • Suspension from the practice of law for two years.
  • Revocation of Calubaquib's notarial commission.
  • Perpetual disqualification from being commissioned as a notary.
  • A warning that future violations will result in harsher penalties.

Conclusion and Court Ruling

• Affirmation of Findings: The Supreme Court affirmed the Commission's and IBP's recommendations, emphasizing the importance of adhering to notarial practice regulations.
• Legal Precedents Cited: The ruling referenced past cases where similar violations resulted in suspension and disqualification.

Key Takeaways

• Atty. Calubaquib was found to have violated notarial rules by notarizing a document without ensuring the signatory's presence.
• Strict adherence to the Rules on Notarial Practice is crucial to uphold the integrity of legal document

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Case Syllabus (A.C. No. 10562)

The Case

• On May 28, 2009, Jean Marie S. Boers filed a complaint-affidavit against Atty. Romeo Calubaquib before the Commission on Bar Discipline, alleging violations of the Rules on Notarial Practice.
• Boers sought disciplinary action against Calubaquib for his conduct related to a Deed of Sale that she claims was fraudulently notarized without her presence.
• The Commission directed Calubaquib to respond and later conducted a mandatory conference, after which both parties submitted their position papers.
• On May 23, 2011, the Commission submitted its Report and Recommendation to the Integrated Bar of the Philippines (IBP) Board of Governors, which was approved and forwarded to the Supreme Court.

The Facts

• Boers and her siblings co-own parcels of land in Tuguegarao City, covered by a transfer certificate of title.
• In October 2008, Boers discovered an adverse claim on their land made by Isaac Gavino, based on a purported Deed of Sale dated October 16, 1991.
• Boers' signature appears on the Deed of Sale, which was notarized by Calubaquib on the same date.
• Boers contended that she was in Canada on the notarization date, supported by her passport and visa, which indicated she left the Philippines on December 20, 1990.
• She highlighted the lack of a residence certificate number or any competent identification in the notarization records.
• The National Archives confirmed that the Deed of Sale was not in Calubaquib&

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