G.R. No. A.C. No. 10783 October 14, 2015
ATTY. BENIGNO T. BARTOLOME, Complainant vs. ATTY. CHRISTOPHER A. BASILIO, Respondent

FACTS

Complainant Atty. Benigno T. Bartolome filed an administrative complaint before the Integrated Bar of the Philippines (IBP) against respondent Atty. Christopher A. Basilio, a notary public in Tarlac City, for violation of the 2004 Rules on Notarial Practice. The complaint alleged that Basilio notarized a “Joint Affidavit of Non-Tenancy and Aggregate Landholdings” on January 15, 2006, purportedly subscribed by Loreto M. Tañedo and Ramon T. Lim, despite Tañedo having died on December 1, 2003. Basilio admitted notarizing the document but claimed he verified the identities of the persons who appeared before him using their SSS identification cards and driver’s licenses, and denied knowledge of the misrepresentation or Tañedo’s death. During the clarificatory hearing, Basilio admitted his failure to: (a) record the document in his notarial book; (b) submit a copy to the Regional Trial Court of Tarlac City; and (c) have the notarization revoked or recalled. The IBP Investigating Commissioner found Basilio grossly negligent and recommended revocation of his notarial commission (if existing), disqualification from obtaining a commission for one year, and suspension from law practice for six months. The IBP Board of Governors adopted this recommendation. Basilio’s motion for reconsideration was denied.

ISSUE

Whether or not the IBP correctly found Atty. Christopher A. Basilio liable for violation of the Notarial Rules.

RULING

Yes, the IBP correctly found Basilio liable. The Court affirmed the findings but modified the penalty. Basilio violated the Notarial Rules by: (1) affixing his signature and seal on an incomplete notarial certificate, as he failed to properly identify the affiants—his claim of verifying identities through IDs lacked credence due to the absence of ID details on the certificate, and one affiant was deceased; this violated Section 5(b), Rule IV (prohibiting incomplete certificates) and Section 2(b), Rule IV (prohibiting notarization without personal presence or competent identification). (2) Failing to record the notarial act in his notarial register, violating Section 2(a), Rule VI, which is tantamount to falsely making it appear the document was notarized. However, his failure to submit a copy to the Clerk of Court was not a violation, as that requirement under Section 2(h), Rule VI applies only to instruments with acknowledgments, not jurats (like the Joint Affidavit). Basilio’s actions constituted gross negligence and a disregard of his duties, undermining public confidence in the notarial system and violating Rule 1.01, Canon 1 of the Code of Professional Responsibility against dishonest conduct. The Court modified the penalty to disqualification from being commissioned as a notary public for two (2) years and suspension from the practice of law for one (1) year.