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JurisprudenceA.C. No. 9676

in Case No. OMB-M-A-10-023-A (Andrea M. Camilo v. Raul C. Brion, Agrarian Reform Program Technologist (SG-10), Municipal Agrarian Reform Office, Mati, Davao Oriental). In the said Decision, the Office of the Ombudsman noted

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TL;DR — Ruling

WHEREFORE, PREMISES CONSIDERED, the undersigned finds respondent guilty of breach of the 2004 Rules on Notarial Practice and accordingly, recommends revocation of his notarial commission, if any, for one (1) year, effective immediately. He is WARNED that a repetition of the same or similar acts in the future shall be dealt with more severely.

Decision

Ruling

WHEREFORE, PREMISES CONSIDERED, the undersigned finds respondent guilty of breach of the 2004 Rules on Notarial Practice and accordingly, recommends revocation of his notarial commission, if any, for one (1) year, effective immediately. He is WARNED that a repetition of the same or similar acts in the future shall be dealt with more severely. [12] In a Resolution [13] dated December 14, 2014, the IBP-Board of Governors (BOG) adopted the IBP-CBD's Report and Recommendation but increased the recommended penalty, to wit: RESOLVED to ADOPT and APPROVE, as it is hereby ADOPTED and APPROVED, with modification, the Report and Recommendation of the Investigating Commissioner in the above-entitled case, herein made part of this Resolution as Annex "A", and finding Respondent [guilty] for violation of the 2004 Rules on Notarial Practice, Atty. Robellito R. Diuyan's notarial commission if presently commissioned is immediately REVOKED. Further, he is DISQUALIFIED from being commissioned for two (2) years and SUSPENDED from the practice of law for six (6) months. [14] The case is now before us for final disposition. Issue Whether respondent should he held administratively liable for notarizing a Deed of Partition on the basis of the affiants' CTCs. Our Ruling This Court finds nothing. irregular with respondent's act of notarizing the Deed of Partition on July 23, 2003 on the basis of the affiants' CTCs. The law applicable at the time of the notarization only required the presentation of the CTCs. In Mabini v. Atty. Kintanar , [15] this Court dismissed the administrative complaint filed against the lawyer therein because the lawyer complied with the notarial law extant at the time of notarizing the contested document, to wit: It is a truism that the duties performed by a Notary Public are not just plain ministerial acts. They are so impressed with public interest and dictated by public policy. Such is the case since notarization makes a private document into a public one; and as a public document, it enjoys full credit on its face. However, a lawyer cannot be held liable for a violation his duties as Notary-Public when the law in effect at the time of his complained act does not provide any prohibition to the same, as in the case at bench. (Emphasis supplied; citation omitted) Similarly, respondent notarized the Deed of Partition on July 23, 2003, or prior to the effectivity of the 2004 Rules on Notarial Practice, [16] of which he is being held accountable by the IBP. However, when the Deed was notarized on July 23, 2003, the applicable law was the notarial law under Title IV, Chapter 11, Article VII of the Revised Administrative Code, [17] Section 251 of which states: SECTION 251. Requirement as to notation of payment of (cedula) residence tax. - Every contract, deed, or other document acknowledged before a notary public shall have certified thereon that the parties thereto have presented their proper (cedula) residence certificates or are exempt from the (ce