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VICTORINA BAUTISTA v. ATTY. SERGIO E. BERNABE

FACTS:

In a Complaint filed before the Commission on Bar Discipline of the Integrated Bar of the Philippines (IBP) on November 16, 2004, complainant Victorina Bautista prays for the suspension or disbarment of respondent Atty. Sergio E. Bernabe for malpractice and unethical conduct in the performance of his duties as a notary public and a lawyer. Complainant alleged that on January 3, 1998, respondent prepared and notarized a Magkasanib na Salaysay purportedly executed by Donato Salonga and complainant's mother, Basilia de la Cruz. Both affiants declared that a certain parcel of land in Bigte, Norzagaray, Bulacan, was being occupied by Rodolfo Lucas and his family for more than 30 years. Complainant claimed that her mother could not have executed the joint affidavit on January 3, 1998 because she has been dead since January 28, 1961. In his Answer, respondent denied that he falsified the Magkasanib na Salaysay. He disclaimed any knowledge about Basilia's death. He alleged that before he notarized the document, he requested for Basilia's presence and in her absence, he allowed a certain Pronebo, allegedly a son-in-law of Basilia, to sign above the name of the latter as shown by the word "by" on top of the name of Basilia. Respondent maintained that there was no forgery since the signature appearing on top of Basilia's name was the signature of Pronebo.

ISSUES:

  1. Whether Atty. Bernabe violated the Notarial Law and Code of Professional Responsibility by notarizing a document in the absence of one of the affiants.

  2. Whether Atty. Bernabe's lack of knowledge of Basilia's death excuses him from liability.

RULING:

  1. Yes, Atty. Bernabe violated the Notarial Law and Code of Professional Responsibility by notarizing a document in the absence of one of the affiants. A notary public should not notarize a document unless the persons who signed it are the same persons who executed and personally appeared before him. The presence of the parties will enable the notary public to verify the genuineness of the affiant's signature. By notarizing the document without Basilia personally appearing before him, Atty. Bernabe misled others to believe that she attested to the truth and veracity of the contents of the document when it was actually signed by a certain Pronebo.

  2. No, Atty. Bernabe's lack of knowledge of Basilia's death does not excuse him from liability. It was his duty to require the personal appearance of the affiant before notarizing the document. His failure to do so is a violation of the Notarial Law and Code of Professional Responsibility.

PRINCIPLES:

  • A notary public should not notarize a document unless the persons who signed it are the very same persons who executed and personally appeared before him.

  • The acts of the affiants cannot be delegated to anyone, as what are stated in the document are facts of which they have personal knowledge.

  • The withdrawal or desistance of the complainant does not exonerate the respondent or put an end to the administrative proceedings in a case of suspension or disbarment.