G.R. No. A.C. No. 501 October 26, 1968
IN RE: DISBARMENT PROCEEDINGS AGAINST NOTARY PUBLIC ATTY. ZACARIAS MANIGBAS, respondent.

FACTS

Respondent Atty. Zacarias Manigbas, a member of the bar and a notary public, was charged with alleged acts of falsification under Article 171 of the Revised Penal Code. The charge stemmed from his notarization of documents (Exhibits D and E), where his jurat made it appear that Pablo de la Cruz subscribed and swore to the documents before him in Lucena City. In truth, the documents were signed in Manila and not in his presence. The case was investigated by the Office of the Solicitor General. Respondent admitted that in performing his duties as notary public for the Rural Bank of Lucena, he failed to exercise utmost care to verify the identity of the person presenting the documents for notarization. He relied on the assumption that the bank manager had duly processed and ensured the regularity of the loan papers. The investigation found no evidence linking respondent to any fraudulent scheme by the bank officers or showing he had knowledge of the fraud. The Solicitor General found the case similar to a prior administrative case (Tahimik Ramirez vs. Atty. Jaime Ner, A.C. No. 500), where the respondent notarized a deed without the vendee’s presence, an act not serious enough to justify disbarment or suspension.

ISSUE

Whether Atty. Zacarias Manigbas should be disbarred or suspended for his actions as a notary public.

RULING

The Court approved the findings and recommendation of the Solicitor General. Respondent was exonerated from the charge of falsification. However, for his failure to exercise utmost care in ascertaining the identity of persons acknowledging documents before him as a notary public, he was warned to be more careful in the future. The Court further warned that any well-grounded similar complaint in the future would merit a stiffer penalty.