Case Summary (A.C. No. 9917)
Background of the Case
The administrative case arose from a complaint filed by Norberto S. Collantes against Atty. Anselmo B. Mabuti for violations of the 2004 Rules on Notarial Practice and his professional duties as a lawyer. The complaint, executed on May 10, 2013, alleged that on October 10, 2009, Mabuti notarized a "Memorandum of Agreement" in Manila despite being uncommissioned as a notary public during that time, as certified by the Notarial Section of the Office of the Clerk of Court in Manila.
Allegations and Respondent's Defense
Atty. Mabuti responded to the allegations in a comment dated January 15, 2014, wherein he denied notarizing the document and disputed the authenticity of the signature attributed to him. He suggested that the complaint was motivated by personal animosity, as Collantes allegedly had pending criminal cases against him. Furthermore, he claimed that the current case constituted double jeopardy, opposing it because an earlier complaint involving similar allegations had already resulted in a penalty of disqualification from notarization for two years.
Findings of the IBP
The Integrated Bar of the Philippines (IBP) conducted an investigation and, in a Report and Recommendation dated December 7, 2016, found Atty. Mabuti liable for failing to comply with the Notarial Rules, emphasizing that he was indeed uncommissioned as a notary public at the time of notarization. The IBP concluded that the current case dealt with a distinct act from previous infractions since it involved different documents and circumstances.
IBP Board of Governors' Resolution
On August 31, 2017, the IBP Board of Governors adopted the IBP's findings but modified the penalty. They recommended a perpetual disqualification from being commissioned as a notary public, cancellation of any existing notarial commissions, and a two-year suspension from practicing law, given the seriousness of the violations.
Issue for Resolution
The central issue for the Court was whether Atty. Mabuti was correctly found liable for violating the 2004 Notarial Rules, as concluded by the IBP.
Supreme Court's Ruling
The Supreme Court upheld the IBP’s findings regarding Atty. Mabuti's liability but modified the penalties. The Court reiterated that notarization represents a critical public function, transforming private documents into public records that require strict adherence to legal protocols to maintain public trust. It emphasized that notaries public must meet stringent qualifications and that unauthorized notarization constitutes serious misconduct, potentially warranting disciplinary action.
Disciplinary Action
In its ruling, the Court determined that Atty. Mabuti was indeed guilty of violating the Notarial Rul
...continue readingCase Syllabus (A.C. No. 9917)
Introduction
- This administrative case arises from a complaint filed by Norberto S. Collantes against Atty. Anselmo B. Mabuti for alleged violations of the 2004 Rules on Notarial Practice and his duties as a lawyer.
- The complaint was submitted on May 10, 2013, to the Office of the Bar Confidant of the Supreme Court.
Factual Background
- Notarization Incident: On October 10, 2009, Atty. Mabuti notarized a document titled "Memorandum of Agreement" in Manila.
- Commission Verification: Collantes discovered that Mabuti was not commissioned as a notary public during 2008-2009, supported by a certification from the Notarial Section of the Office of the Clerk of Court dated February 27, 2012.
- Respondent's Denial: In his comment dated January 15, 2014, Mabuti denied the allegations, asserting the signature on the document was not his and questioning Collantes' motives, citing pending Estafa cases against him.
- Double Jeopardy Claim: Mabuti claimed double jeopardy, stating this case was based on the same facts as a previous complaint (CBD Case No. 11-3036), resulting in a two-year disqualification from being a notary public.
IBP's Investigation and Findings
- Referral to IBP: The complaint was referred to the Integrated Bar of the Philippines (IBP) for investigation and recommendations.
- IBP's Report: On December 7, 2016, the IBP Investigating Commissioner found Mabuti administratively liable for failing to comply with Notarial Rules, recommending a two-year suspension from the practice of law.
- Double Jeopardy Rejection: The IBP dismissed the double jeopardy claim, clarifying that the current action pertains to a different act of notarization (notarizing a letter dated December 28, 2010 without a comm