FACTS:

The case involves a complaint filed by Jean Marie Boers against Atty. Romeo Calubaquib for alleged violations of the Rules on Notarial Practice. Boers claims that Calubaquib notarized a Deed of Sale on October 16, 1991, where Boers' signature appears as one of the sellers, even though she could not have signed it because she was in Canada at the time. Boers presents her passport and Philippine visa as evidence that she left the Philippines in December 1990 and her residence certificate number was not included in the notarization. Boers also discovered that the document corresponding to the Deed of Sale in Calubaquib's notarial file was actually an Affidavit executed by Alfred Danao. Boers also cites a previous case where Calubaquib was suspended for failing to enter a certification of forum shopping in his notarial record.

Calubaquib insists that Boers did sign the Deed of Sale and attaches a joint affidavit of Boers' aunt and cousin stating that the document was notarized when Boers was no longer in the country.

The Commission recommended suspending Calubaquib for two years, revoking his notarial commission, and prohibiting him permanently from being commissioned as a notary public. The IBP Board of Governors affirmed the Commission's recommendation, but on Calubaquib's motion for reconsideration, modified the resolution by removing the stern warning as part of his penalties. The Court affirms the findings of the Commission and the IBP Board of Governors.

ISSUES:

1. Whether Atty. Calubaquib violated the Rules on Notarial Practice by notarizing a document without the presence and consent of Boers, who claims to be out of the country at the time.

RULING:

1. The Court affirms the findings of the Commission and the IBP Board of Governors. Atty. Calubaquib violated the Rules on Notarial Practice by notarizing a document without the presence and consent of Boers. He is suspended from the practice of law for two (2) years, and his notarial commission is revoked. He is also perpetually prohibited from being commissioned as a notary public.

PRINCIPLES:

• The Rules on Notarial Practice govern the various notarial acts that a duly commissioned notary public is authorized to perform.

• Notarial acts, such as acknowledgment, affirmation and oath, and jurat, must be performed in accordance with the Rules on Notarial Practice.

• Notaries public have the duty to verify the identity and legal capacity of the signatories and the authenticity of the documents to be notarized.

• Violation of the Rules on Notarial Practice may lead to disciplinary action, including suspension from the practice of law and revocation of the notarial commission.