FACTS:

The complainant, Fire Officer I Darwin S. Sappayani, filed a complaint against Atty. Renato G. Gasmen, a notary public, alleging that Atty. Gasmen notarized documents (Special Power of Attorney and Application for Loan and Promissory Note) purportedly executed by Sappayani. However, Sappayani denied executing said documents and claimed that his signature on the Special Power of Attorney was forged. He also stated that it was physically impossible for him to personally appear before Atty. Gasmen and execute the documents as he was training in General Santos City at the time. Atty. Gasmen filed his response, claiming that the notarization was done after the loan proceeds were released to another person, Zenaida C. Razo, who was the marketing representative of the Newtrade Goodwill Corporation. Atty. Gasmen argued that Sappayani's signature on the Special Power of Attorney was compared with his specimen cards at the loan association and that notarization was merely a way of completing loan documentation requirements. After failed appearances by Atty. Gasmen, the IBP Commissioner terminated the mandatory conference and ordered the parties to submit position papers. In the IBP's Report and Recommendation, Atty. Gasmen was found guilty of violating notarial practice rules and the Code of Professional Responsibility. A subsequent motion for reconsideration was denied by the IBP Board of Governors.

ISSUES:

1. Whether or not the IBP correctly found Atty. Gasmen liable for violation of the Notarial Rules and the CPR.

RULING:

1. The Supreme Court held that the IBP correctly found Atty. Gasmen liable for violation of the Notarial Rules and the CPR. The Court agreed with the IBP Commissioner's finding that Atty. Gasmen notarized a forged Special Power of Attorney and falsely certified that the complainant appeared before him. Such actions violated the Notarial Rules and the CPR. Thus, the recommendation of a six-month suspension from the practice of law, revocation of his notarial commission, and disqualification from being commissioned as a notary public for one year was affirmed.

PRINCIPLES:

• Notarization requires the exercise of reasonable diligence and the vigilance expected of a bonus pater familias

• Notary public should not notarize documents that are forged or where the person appearing before him is not the same person who executed the document

• Violation of the Notarial Rules and the CPR may result in suspension from the practice of law and revocation of notarial commission