FACTS:

Emerita B. Mahilum filed an administrative complaint seeking the disbarment of Atty. Samuel SM. Lezama for notarizing a Deed of Donation in the absence of one of the affiants. Mahilum alleged that Lezama notarized the document executed by her estranged husband and their common daughter, despite her daughter's absence in the country during the relevant dates. In his answer, Lezama argued that all parties were physically present during the signing of the document, and he personally knew the donor and had no reason to doubt the daughter's identity. The Integrated Bar of the Philippines (IBP) summoned the parties for a mandatory conference to present evidence on the daughter's whereabouts. Mahilum presented a certification from the Bureau of Immigration showing her daughter's travel records, which indicated that she was not in the Philippines during the relevant dates. Lezama failed to submit any evidence to counter this certification. The Grievance Committee of IBP Negros Occidental Chapter found that Lezama failed to exercise due diligence in verifying the donee's identity. The IBP Committee on Bar Discipline and the IBP Board of Governors adopted this finding and recommended the revocation of Lezama's notarial commission and a two-year prohibition from being a notary public. Lezama filed a motion for reconsideration, arguing that Mahilum was not his client, and no forgery or falsification of signatures was claimed. He also appealed for leniency, citing his lengthy career as a notary public and the provision of free notarial services to IBP members.

ISSUES:

1. Whether Atty. Samuel SM. Lezama should be held liable for notarizing a Deed of Donation in the absence of one of the affiants.

RULING:

1. The Court held Atty. Samuel SM. Lezama GUILTY of violating the Notarial Law and the Code of Professional Responsibility. His notarial commission was REVOKED and he was DISQUALIFIED from being commissioned as a notary public for ONE (1) YEAR. He was also WARNED against repeating the same or similar offense.

PRINCIPLES:

• Notarial Law and Notarial Practice: Affiants must personally appear before a notary public at the time of notarization.

• Code of Professional Responsibility: Lawyers are expected to uphold professionalism and integrity, including strict compliance with notarial duties.

• Public Interest and Legal Integrity: The notarization of documents converts private documents into public ones, necessitating strict adherence to the presence and verification requirements to ensure authenticity and reliability.

• Sanctions for Non-compliance: Failure to observe notarial rules can lead to revocation of the notarial commission and disqualification from future notarial practice.