Cited Laws
TL;DR — Ruling
WHEREFORE, the Undersigned respectfully recommends that if the notarial commission of the Respondent still exists, that it be hereby revoked and that he be disqualified from being commissioned as a notary public for two (2) years. It is also recommended that herein Respondent be suspended from the practice of law for three (3) to six (6) months.
WHEREFORE, the Undersigned respectfully recommends that if the notarial commission of the Respondent still exists, that it be hereby revoked and that he be disqualified from being commissioned as a notary public for two (2) years. It is also recommended that herein Respondent be suspended from the practice of law for three (3) to six (6) months. [29] In its Resolution [30] dated August 9, 2014, the IBP Board of Governors resolved to adopt and approve the said Report and Recommendation, thus: RESOLVED to ADOPT and APPROVE, as it is hereby ADOPTED and APPROVED, the Report and Recommendation of the Investigating Commissioner in the above-entitled case, herein made part of this Resolution as Annex "A", and finding the recommendation fully supported by evidence on record and the applicable laws, and for failure to exercise the utmost diligence in the performance of his functions as a notary public, Atty. Margarita G. Ygoña's Notarial Commission is hereby Immediately Revoked. Atty. Margarito G. Ygoña is further DISQUALIFIED from being commissioned as notary public for two (2) years and SUSPENDED from the practice of law for three (3) months . [31] On February 25, 2016, the IBP Board of Governors denied Atty. Ygoña's Motion for Reconsideration finding no reason to reverse its previous decision. [32] On August 26, 2016, the IBP Board of Governors denied Atty. Ygoña's Second Motion for Reconsideration for the following reasons: (1) neither the Rules of Court nor the IBP Commission on Bar Discipline Rules allow the filing of the same; (2) for being dilatory; and (3) the issues therein had already been passed upon. [33] After a judicious examination of the records and submission of the parties, this Court affirms the resolution of the IBP Board of Governors finding respondent Atty. Ygoña administratively liable, but modifies the penalty imposed. The Court does not entirely agree with the basis of Commissioner Andres in finding Atty. Ygoña liable for his failure to diligently perform his notarial functions. Commissioner Andres concluded that Atty. Ygoña should have been aware that the Deed of Absolute Sale he had notarized was in the nature of a pactum commissorium . The Court finds that this issue should be resolved in a separate civil action. Likewise, the issue of whether or not the Deed of Absolute Sale was indeed forged, is civil, and perhaps criminal, in nature, and should be passed upon in a proper case. [34] Nevertheless, the Court agrees that Atty. Ygoña was remiss in the exercise of his notarial functions. Notarization is not merely an empty or meaningless exercise. It is invested with public interest, such that only those qualified and authorized may act as notaries public. [35] Notarization converts a private document into a public document, making it admissible in evidence without further proof of its authenticity. [36] A notarized document is, therefore, entitled to full faith and credit upon its face, and the courts, administrative agencies, a