G.R. No. A.C. No. 12154, September 17, 2019
Atty. Rogelio N. Velarde, Petitioner, vs. Atty. Ruben M. Ilagan, Respondent.

FACTS

The case originated from a complaint filed by Atty. Rogelio N. Velarde against Atty. Ruben M. Ilagan for violating the 2004 Rules on Notarial Practice. The complaint alleged that respondent notarized several Deeds of Absolute Sale where one of the vendors, Narciso Salas, was already deceased at the time of notarization. The subject land, originally registered under Narciso Salas but owned in common by lot owners of Ma. Cristina Village, was subdivided after Narciso’s death on May 6, 2010. Five lots were sold through deeds dated between December 13, 2013, and September 1, 2014, which were notarized by respondent three to four years after Narciso’s death. Complainant asserted that respondent falsely attested to Narciso’s personal appearance, depriving the co-owners of their rights. In his Answer, respondent denied the allegations, claiming his signatures were forged. During proceedings before the Integrated Bar of the Philippines (IBP), respondent failed to appear at mandatory conferences and did not file his Position Paper. The IBP-Commission on Bar Discipline found respondent guilty of misconduct and recommended a two-year suspension from law practice, revocation of his notarial commission, and disqualification from being a notary public for two years, which the IBP Board of Governors adopted.

ISSUE

Whether respondent’s conduct warrants the imposition of penalties for violating the 2004 Rules on Notarial Practice and the Code of Professional Responsibility.

RULING

The Supreme Court affirmed the findings of the IBP, holding respondent guilty of violating the 2004 Rules on Notarial Practice and the Code of Professional Responsibility. The Court emphasized that notarization is not a mere ministerial act but converts private documents into public instruments, entitled to full faith and credit. Under Rule IV, Section 1(b) and (c) of the Notarial Rules, a notary public must ensure the personal appearance of the signatory at the time of notarization. Respondent notarized deeds involving a deceased affiant, failing to verify the genuineness of the signature or the due execution of the documents, which constitutes a breach of his duties. Additionally, respondent’s disregard of IBP orders by not attending mandatory conferences violated Canon 11 of the Code of Professional Responsibility, requiring respect for judicial authorities. Considering the gravity of the offense and respondent’s defiance, the Court imposed a two-year suspension from the practice of law, revocation of his notarial commission, and disqualification from being a notary public for two years, with a stern warning for future infractions.