FACTS:

The case involves a complaint for disbarment filed by Josefina P. Soriano against Atty. Humberto B. Basco. Soriano alleges that Atty. Basco testified in court that he notarized a Deed of Sale executed by Soriano, despite Soriano's claim that she never appeared before him and never received a copy of the alleged contract. The complaint further reveals that the Clerk of Court certified that the alleged Deed of Sale was not submitted to their office. Soriano also obtained a certified true copy of Atty. Basco's notarial register, which disclosed several irregularities, including the failure to indicate the names of witnesses, fees charged, and the respective residence certificates of the parties involved. Despite a demand for a certified true copy of the alleged deed, Atty. Basco failed to provide one. In his defense, Atty. Basco asserts that Soriano, together with her son, came to his office with a pre-drafted deed of sale, which he notarized and instructed his secretary to record. The IBP Investigating Commissioner found that Atty. Basco did not exercise diligence in his duties as a notary public and recommended the revocation of his notarial commission and a reprimand. The IBP Board of Governors adopted the Commissioner's report and made the same recommendation.

ISSUES:

1. Whether Atty. Humberto B. Basco is guilty of dereliction of duty as a notary public.

RULING:

1. The court found Atty. Humberto B. Basco guilty of dereliction of duty as a notary public. It was established that the alleged Deed of Sale acknowledged before him was not submitted to the office of the Clerk of Court, as certified by the Clerk of Court. Furthermore, the notarial register of Atty. Basco did not indicate the names of the witnesses and the respective Community Tax Certificates of the parties. Despite retaining a copy of the alleged Deed of Sale, Atty. Basco failed to furnish the complainant with a copy. The court resolved to adopt the recommendation of the Investigating Commissioner and revoked Atty. Basco's notarial commission. Moreover, Atty. Basco was reprimanded and warned that future breaches of his professional duties will be dealt with more severely.

PRINCIPLES:

• A notary public is duty-bound to exercise diligence in the performance of his or her duties.

• The Notarial Law sets forth the obligations and duties of a notary public.

• The failure to submit notarized documents to the office of the Clerk of Court and the absence of required information in the notarial register constitute dereliction of duty.