G.R. No. A.C. No. 8101; February 4, 2015
Melanio S. Salita, Complainant, vs. Atty. Reynaldo T. Salve, Respondent.

FACTS

Complainant Melanio S. Salita, the registered owner of a parcel of land, applied for a loan from Jocelyn Rodriguez and signed blank documents, including an incomplete Promissory Note and, later, two Real Estate Mortgage Agreements and a pre-formed Deed of Absolute Sale covering the property as collateral. After Salita fully paid the loan, evidenced by a notarized Release of Real Estate Mortgage, Rodriguez filed an ejectment complaint against him using the pre-formed Deed of Absolute Sale and the mortgage instruments. Salita discovered that the Deed of Absolute Sale had been notarized by respondent Atty. Reynaldo T. Salve, with one copy notarized on August 12, 2007, and another on September 12, 2007. Salita concluded it appeared he had sold the property to Rodriguez before Atty. Salve, leading him to file criminal and administrative cases against Atty. Salve for falsification of public documents. In defense, Atty. Salve denied falsification, attributing the date discrepancy to a clerical error by his secretary and claiming Salita and Rodriguez personally appeared before him for the notarization of the Promissory Note. The Integrated Bar of the Philippines (IBP) initially dismissed the complaint for lack of merit but later, on reconsideration, recommended a three-month suspension of Atty. Salve’s notarial commission without stating reasons.

ISSUE

Whether or not Atty. Salve should be held administratively liable.

RULING

Yes, Atty. Salve is administratively liable for gross negligence in his conduct as a notary public. The Court found that Atty. Salve notarized the pre-formed Deed of Absolute Sale without Salita’s personal appearance before him, as it was unfathomable for Salita to appear to notarize a sale document detrimental to his interests after having fully paid the loan. By affixing his notarial seal, Atty. Salve certified that the parties personally appeared before him, were known to him, executed the instrument voluntarily, and acknowledged it before him, which was not true. This act constitutes gross negligence in the performance of his duty as a notary public. The Court revoked his notarial commission (if still existing) and disqualified him from being commissioned as a notary public for two years, modifying the IBP’s recommended suspension. However, the Court concurred with the IBP’s finding that Atty. Salve should be absolved from the falsification charges due to lack of sufficient proof.