A.C. No. 12154 - ATTY. ROGELIO N. VELARDE, VS. ATTY. RUBEN M. ILAGAN.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, it is hereby recommended that Respondent ATTY. RUBEN M. ILAGAN be SUSPENDED from the practice of law for two (2) years, REVOKES his incumbent notarial commission, if any, and DISQUALIFIES him from being commissioned as notary public for two (2) years. Respondent is also STERNLY WARNED that more severe penalties will be imposed for any further breach of the Canons in the Code of Professional Responsibility. RESPECTFULLY SUBMITTED. The IBP-Board of Governors adopted the findings of fact and recommendation of the IBP-CBD in toto in a Resolution [19] dated June 17, 2017, viz .: RESOLVED to ADOPT the findings of fact and recommendation of the Investigating Commissioner imposing the penalty of revocation of Notarial Commission, and disqualification from being commissioned as Notary Public for two (2) years; and suspension of two (2) years from the practice of law. The Issue Whether or not respondent's conduct warrants an imposition of penalty to be meted out against him. The Court's Ruling We agree with the findings of the IBP-CBD and the IBP-Board of Governors that respondent failed to live up with the duties of a notary public as dictated by the 2004 Rules on Notarial Practice. The pronounced nature of notarization cannot be overemphasized. It is not a meaningless ministerial act of acknowledging documents executed by parties who are willing to pay the fees for the same. [20] For notarization converts a private document into a public document, making the same admissible in evidence without further proof of authenticity; thus, a notarial document is, by law, entitled to full faith and credit upon its face. [21] To ensure that the noble consequences of notarization would be achieved while protecting the public, Rule IV, Section 1(b) and (c) of the Notarial Rules provide for the following guidelines, among others: (b) A person shall not perform a notarial act if the person involved as signatory to the instrument or document - (1) is not in the notary's presence personally at the time of the notarization; and (2) is not personally known to the notary public or otherwise identified by the notary public through competent evidence of identity as defined by these Rules. The importance of personal appearance was highlighted as one of the prohibitions under the Rules, to wit: Section 2. Prohibitions . b) A person shall not perform a notarial act if the person involved as signatory to the instrument or document - (1) is not in the notary's presence personally at the time of the notarization; and (2) is not personally known to the notary public or otherwise identified by the notary public through competent evidence of identity as defined by these Rules. Based on the records of the case, it is apparent that respondent notarized several Deeds of Absolute Sale, purporting to convey several parcels of land by deceased Narciso to several individuals long after the former's demise. By notarizing a document without the appearance of the