Case Summary (A.C. No. 3324)
Complainants' Allegations
The complainants alleged that Atty. Sabate, Jr. failed to exercise honesty and due care in his duties as a notary public. They specifically claimed that he notarized a pleading in SEC Case No. DV091, which included signatures that were not genuinely executed by the individuals purported to have signed them. They asserted that Paterno Diaz's signature was forged by Lilian C. Diaz, and that Atty. Sabate, Jr. signed on behalf of Levi Pagunsan and Alejandro Bofetiado, thereby misrepresenting their involvement in the notarization process.
Respondent's Defense
In response to the allegations, Atty. Sabate, Jr. contended that he acted upon the instructions of his clients, who authorized Lilian C. Diaz to sign on behalf of Paterno Diaz and allowed him to sign for Pagunsan and Bofetiado. He argued that his actions were supported by written authority from his clients and claimed that because of the geographical distance of the individuals from his office and the urgency of filing, his actions were justified. He further described the complaint against him as malicious and a reflection of the complainants' ill motives following their adverse outcome in court.
Investigating Commission's Recommendation
The Integrated Bar of the Philippines appointed an Investigating Commissioner, who recommended that Atty. Sabate, Jr. be suspended from his notarial commission for six months, citing his failure to exercise due diligence. This recommendation was adopted by the Board of Governors of the Integrated Bar.
Finding on Notarial Conduct
The analysis established that although Atty. Sabate, Jr. believed he acted in good faith, his actions were not defensible. Notably, the manner in which the verification was executed did not conform to the legal obligation of a notary public to ensure that signatories of documents personally appear before him. By notarizing documents where he himself signed as a party, Atty. Sabate, Jr. placed himself in a conflicted position, undermining the purpose of notarization, which is designed to prevent fraud and ensure authenticity.
Legal Standards and Precedents
The Court underscored that any notary public must ensure that the individuals who sign documents are doing so in their own capacity and must personally appear to
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Case Overview
- Complainants: Pastor Edwin Villarin, Paciano de Veyra, Sr., and Bartolome Evarolo, Sr.
- Respondent: Atty. Restituto Sabate, Jr.
- Date of Resolution: February 09, 2000
- Case Number: A.C. No. 3324
- Jurisdiction: Integrated Bar of the Philippines
Background of the Case
- The complainants filed a complaint against the respondent, alleging misconduct in his capacity as a notary public.
- The complaint arose from a Motion to Dismiss prepared and notarized by Atty. Sabate, Jr. in an SEC case (SEC Case No. DV091).
- Allegations included that the signatures on the motion, specifically that of Paterno Diaz, were forged or improperly executed.
Allegations by Complainants
- Complainants alleged that:
- The signature of Paterno Diaz was not his own but rather that of Lilian Diaz.
- Atty. Sabate, Jr. signed for Levi Pagunsan and Alejandro Bofetiado without their consent, making it appear they were present.
- The respondent's actions eroded public confidence in the notarial process.
Respondent's Defense
- In response, Atty. Sabate, Jr. asserted that:
- Lilian Diaz was authorized to sign on behalf of her husband, Pate