FACTS:

Mrs. Patrocinio V. Agbulos filed a complaint against Atty. Roseller A. Viray for alleged violation of the Notarial Law. Agbulos denies executing the Affidavit of Non-Tenancy, claiming that the signature and community tax certificate presented are not hers. She asserts that the community tax certificate belongs to someone named Christian Anton and that she did not personally appear before Viray for the notarization of the document. Agbulos also alleges that the falsified affidavit facilitated the illegal transfer of a property registered under her name to Rolando Dollente, Viray's client. Viray admits to preparing and notarizing the document, relying on Dollente's assurance that it was personally signed by Agbulos. He claims good faith in notarizing the document.

After the investigation, the Commissioner recommended finding Viray guilty of violating the Code of Professional Responsibility and the 2004 Rules on Notarial Practice, and imposing a six-month suspension as a lawyer and as a Notary Public. The IBP Board of Governors issued a resolution suspending Viray from the practice of law for one month and as a Notary Public for six months. Viray's motion for reconsideration was denied, and the suspension decision was upheld. The IBP's findings are based on the requirement that the affiant must personally appear before the notary public and the competent evidence of identity, as defined by the 2004 Rules on Notarial Practice.

ISSUES:

RULING:

PRINCIPLES:

• Section 2 (b) of Rule IV of the 2004 Rules on Notarial Practice emphasizes the necessity of the affiant's personal appearance before the notary public.

• Section 12, Rule II, of the 2004 Rules on Notarial Practice defines "competent evidence of identity" as required for notarial acts.