A.C. No. 12624, September 16, 2020
Manuel R. Leonor, Complainant, vs. Attys. Dickson C. Ayon-Ayon and Eulogio C. Mananquil, Jr., Respondents.

FACTS

Complainant Manuel R. Leonor discovered that a Deed of Absolute Sale over his property, purportedly signed by him and his wife, was notarized by Atty. Dickson C. Ayon-Ayon on March 13, 2014, facilitating the property’s transfer to Frederick Bonamy. A supporting Sworn Statement was also notarized by Atty. Eulogio C. Mananquil, Jr. on April 15, 2014. Leonor alleged he and his wife never signed these documents or appeared before the notaries. His wife was abroad during the relevant period. He filed a disbarment complaint, accusing both lawyers of violating the 2004 Rules on Notarial Practice by notarizing documents without the parties’ personal appearance.
Atty. Mananquil defended himself by presenting a certification from the Clerk of Court that the Sworn Statement was not in his notarial register, claiming his signature was forged and that he had previously reported unauthorized use of his seal. Atty. Ayon-Ayon asserted that the sellers, identifying themselves as the Spouses Leonor, personally appeared before him, presented valid identification, and affirmed their voluntary execution of the Deed. He also verified the property’s title they presented.

ISSUE

Whether respondents Atty. Ayon-Ayon and Atty. Mananquil are administratively liable for violating notarial rules.

RULING

The Supreme Court dismissed the complaint against both respondents. Regarding Atty. Mananquil, the Court found the complaint was correctly withdrawn. Evidence, including the Clerk of Court’s certification and a discrepancy in notarial register entries, substantiated his claim that the document was a forgery and not notarized by him. His prior report of similar incidents further supported his defense.
For Atty. Ayon-Ayon, the Court reversed the IBP Board of Governors’ finding of liability. The legal logic centers on the standard of diligence required of a notary public. The Court held that Atty. Ayon-Ayon exercised the requisite diligence under the circumstances. He required the physical appearance of the parties purporting to be the sellers, examined their competent evidence of identity (driver’s licenses), verified the original title of the property they presented, and ascertained their voluntariness in executing the deed. A notary is not an insurer of a document’s absolute authenticity but must take reasonable steps to verify identity. The Court found he acted in good faith based on the documents presented to him. Furthermore, alterations to the Deed (adding a co-buyer’s name) were made after his notarization without his knowledge. Thus, he substantially complied with his duties under the 2004 Rules on Notarial Practice, and no administrative liability attaches.