G.R. No. A.C. No. 12408, December 11, 2019
VENSON R. ANG, COMPLAINANT, VS. ATTY. SALVADOR B. BELARO, JR., RESPONDENT.

FACTS

Complainant Venson R. Ang and his siblings inherited a property from Peregrina Dela Rosa. They discovered that the title had been cancelled based on an Extrajudicial Settlement of Estate Among Heirs with Waiver of Rights dated March 26, 2014, notarized by respondent Atty. Salvador B. Belaro, Jr., which they allegedly executed but did not. The document contained irregularities, including a misspelled name, the inclusion of a deceased sibling as a signatory, and discrepancies among copies submitted to different agencies. Atty. Belaro also notarized a Deed of Absolute Sale and an Acknowledgement Receipt dated December 16, 2014, involving the same property. Complainant alleged these documents were fraudulent. Atty. Belaro denied notarizing the Extrajudicial Settlement, claiming his signatures were forged, but admitted notarizing the Deed of Sale and Receipt. The Investigating Commissioner of the IBP found Atty. Belaro negligent for failing to secure his notarial seal (allowing its misuse on the forged Extrajudicial Settlement) and for not properly verifying the identities of parties in the Deed and Receipt, noting inconsistencies in his notarial registry entries. The IBP Board of Governors recommended revocation of his notarial commission, disqualification from reappointment for two years, and suspension from law practice for three months, later modifying it to disqualification only. Atty. Belaro argued denial of due process and claimed his election as a party-list representative mooted the penalty.

ISSUE

1. Whether Atty. Belaro’s right to due process was violated.
2. Whether the IBP’s findings and recommendations were proper.
3. Whether Atty. Belaro’s election as a party-list representative mooted the imposition of penalty.

RULING

1. No violation of due process. Atty. Belaro was given opportunity to be heard: he filed an Answer, a Motion for Reinvestigation, and a Motion for Reconsideration. Administrative due process only requires notice and an opportunity to explain, which he received.
2. Atty. Belaro is liable for violations. The Court found him guilty of violating the 2004 Rules on Notarial Practice and the Code of Professional Responsibility. He failed to safeguard his notarial seal, leading to its use on a forged document (Extrajudicial Settlement). He also negligently notarized the Deed of Absolute Sale and Acknowledgement Receipt without requiring competent evidence of identity from the parties, relying only on community tax certificates, and made inconsistent entries in his notarial registry. His negligence undermined public confidence in notarial documents.
3. Election does not moot the penalty. Membership in the Bar is a privilege burdened with conditions, and public office does not exempt him from disciplinary sanctions. The practice of law is not limited to court appearances but includes legal advice and document preparation, which he may still perform as a legislator.
DISPOSITIVE:
Atty. Salvador B. Belaro, Jr. is SUSPENDED from the practice of law for six months, his notarial commission (if any) is REVOKED, and he is DISQUALIFIED from reappointment as a notary public for two years. He must file a Manifestation of the start of his suspension.