A.C. No. 10783 - ATTY. BENIGNO T. BARTOLOME, COMPLAINANT, VS. ATTY. CHRISTOPHER A. BASILIO.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, he recommended that Basilio's notarial commission, if still existing, be revoked; he be disqualified from obtaining a notarial commission for a period of one (1) year and suspended from the practice of law for six (6) months. [11] In a Resolution [12] dated December 29, 2012, the IBP Board of Governors adopted and approved the Investigating Commissioner's Report and Recommendation. Dissatisfied, Basilio filed a motion for reconsideration, which was denied in a Resolution [13] dated September 27, 2014. The Issue Before the Court The sole issue for the Court's resolution is whether or not the IBP correctly found Basilio liable for violation of the Notarial Rules. The Court's Ruling The act of notarization is impressed with public interest. [14] As such, a notary public must observe the highest degree of care in complying with the basic requirements in the performance of his duties in order to preserve the confidence of the public in the integrity of the notarial system. [15] In the present case, Basilio, as duly found by the IBP, failed to faithfully comply with his duties as a notary public. Section 5 (b), Rule IV of the Notarial Rules clearly states that: SEC. 5. False or Incomplete Certificate . A notary public shall not : x x x x (b) affix an official signature or seal on a notarial certificate that is incomplete . (Emphases supplied) A notarial certificate, as defined in Section 8, Rule II of the Notarial Rules, requires a statement of the facts attested to by the notary public in a particular notarization, viz .: SEC. 8. Notarial Certificate . "Notarial Certificate" refers to the part of, or attachment to, a notarized instrument or document that is completed by the notary public, bears the notary's signature and seal, and states the facts attested to by the notary public in a particular notarization as provided for by these Rules . (Emphasis supplied) Meanwhile, a jurat is, among others, an attestation that the person who presented the instrument or document to be notarized is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by the Notarial Rules: [16] SEC. 6. Jurat. "Jurat" refers to an act in which an individual on a single occasion: (a) appears in person before the notary public and presents an instrument or document; (b) is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; (c) signs the instrument or document in the presence of the notary; and (d) takes an oath or affirmation before the notary public as to such instrument or document. (Emphasis supplied) As the records bear out, Basilio affixed his official signature and seal on the notarial certificate of the Joint Affidavit without properly identifying the person/s who signed the same. His claim that he verified the identities of the affiants through their respective SSS identification cards and driver's lic