A.C. No. 12081 [Formerly CBD Case No. 14-4225] - ALBERTO LOPEZ, COMPLAINANT, VS. ATTY. ROSENDO C. RAMOS.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, respondent ATTY. ROSENDO C. RAMOS is hereby SUSPENDED from the practice of law for a period of one (1) year. In addition, his present notarial commission, if any, is hereby Revoked, and he is Disqualified from reappointment as a notary public for a period of two (2) years. He is further WARNED that any similar act or infraction in the future shall be dealt with more severely. RESPECTFULLY SUBMITTED. [21] On the matter of the criminal case of Falsification of Public Document, the issue has already been decided with finality by the CA, wherein documents annexed to the affidavit-complaint were indeed falsified and absolutely simulated. [22] Since the original deed of sale (with P130,000.00 consideration) forms part of the Original Records of Criminal Case No. 83231, and its genuineness and due execution have been certified by the CA, these rendered the deed as relevant and competent, as required by the rules on evidence. [23] With the two deeds valid, the preparation of the deed with a lower consideration was used to evade payment of taxes due to the government. This act is unbecoming of a lawyer, an officer of the court, who is expected to implement the laws of the land. Respondent violated Rule 1.02, Canon 1 of the CPR. Respondent also failed to comply with Section 2(e), Rule VI of the 2004 Rules on Notarial Practice when he gave the same document the same registration number, page number, and book number as the first. Said Section 2(e) requires that each instrument or document, executed, sworn to, or acknowledged before the notary public shall be given a number corresponding to the register. On April 18, 2015, the Board of Governors of the IBP issued a Resolution No. XXI-2015-256, [24] quoted as follows: 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 considering Respondent's violation of the Rules on Notarial Practice of 2004. Hence, Atty. Rosendo C. Ramos['] notarial commission[,] if recently commissioned[,] is immediately REVOKED. Furthermore, he is DISQUALIFIED from being commissioned as Notary Public for two (2) years and SUSPENDED from the practice of law for six (6) months. Respondent filed a Motion for Reconsideration before the Board of Governors of the IBP. On June 17, 2017, the Board of Governors issued a Resolution [25] denying the Motion for Reconsideration, the dispositive portion of which, is quoted on the Notice of Resolution: RESOLVED to DENY the Motion for Reconsideration there being no new reason and/or new argument adduced to reverse the previous findings and decision of the Board of Governors. [26] We sustain the IBP's findings and recommendations that there is a clear basis for disciplining the respondent as a member of the bar and as notary public. A notary public should not notarize a document unless the persons who signed it are