SECOND DIVISION
A.C. No. 11396, June 20, 2018
FRANCO B. GONZALES, Complainant, v. ATTY. DANILO B. BAÑARES, Respondent.
D E C I S I O N
PERALTA, J.:
This is an administrative complaint which Franco B. Gonzales filed against Atty. Danilo B. Bañares, for allegedly notarizing a Deed of Absolute Sale in violation of the legal requirements for notarization.
The procedural and factual antecedents of the case are as follows:
Gonzales contended that on September 23, 2010, a Deed of Absolute Sale covering three (3) parcels of land was executed between his mother, Lilia Gonzales, as the seller, and Flordeliza Soriano, as the buyer. Surprisingly, the name and signature of his father, Rodolfo Gonzales, were found in the document despite the fact that he was in Irosin, Sorsogon at the time of the supposed signing of the subject document. Gonzales likewise found out that his own name and signature appeared as witness in the document when he was also not present at the time of said signing. He maintained that Bañares knew of these facts but still proceeded with the notarization of the document.
For his part, Bañares denied the accusations against him. The feigned innocence of Gonzales regarding the subject sale and his absence during its execution were belied and proved untrue by affidavits, one of which was executed by his own mother. He was present during the signing of the deed of sale as an instrumental witness, wrote his name, and affixed his signature in the presence of the contracting parties. Also, Bañares claimed that Rodolfo actually pre-signed the document to manifest his conformity as the seller's husband, but not as co-owner of the property.
On December 14, 2014, the Commission on Bar Discipline of the Integrated Bar of the Philippines (IBP) recommended the suspension of Bañares from his Commission as Notary Public for a period one (1) year.1 On November 28, 2015, the IBP Board of Governors passed Resolution No. XXII-2015-94,2 which modified the Investigating Commissioner's findings of fact and recommendation, hence:
RESOLVED to MODIFY the findings of facts and the recommended penalty of suspension of commission as Notary Public for one (1) year by the Investigating Commissioner and impose a stiffer penalty of six (6) months suspension from the practice of law, immediate revocation of commission as Notary Public, and disqualification for two (2) years as Notary Public against Atty. Danilo B. Bañares.
SECTION 1. Acknowledgment. - "Acknowledgment" refers to an act in which an individual on a single occasion:Rule IV, Section 2(b) further states:
(a) appears in person before the notary public and presents and integrally complete instrument or document;
(b) is attested to be personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and
(c) represents to the notary public that the signature on the instrument or document was voluntarily affixed by him for the purposes stated in the instrument or document, declares that he has executed the instrument or document as his free and voluntary act and deed, and, if he acts in a particular representative capacity, that he has the authority to sign in that capacity.8
SEC. 2. Prohibitions. - x x xThus, a document should not be notarized unless the persons who are executing it are the very same ones who are personally appearing before the notary public. The affiants should be present to attest to the truth of the contents of the document and to enable the notary to verify the genuineness of their signature. Notaries public are enjoined from notarizing a fictitious or spurious document. In fact, it is their duty to demand that the document presented to them for notarization be signed in their presence. Their function is, among others, to guard against illegal deeds. For this reason, notaries public must observe with utmost care the basic requirements in the performance of their duties. Otherwise, the confidence of the public in the integrity of this form of conveyance would be undermined.10
(b) A person shall not perform a notarial act if the person involved as signatory to the instrument or document -
(1) is not in the notary's presence personally at the time of the notarization; and
(2) is not personally known to the notary public or otherwise identified by the notary public through competent evidence of identity as defined by these Rules.9
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES.Canon 1 clearly mandates the obedience of every lawyer to laws and legal processes. A lawyer, to the best of his ability, is expected to respect and abide by the law and, thus, avoid any act or omission that is contrary to the same. A lawyer's personal deference to the law not only speaks of his character but it also inspires the public to likewise respect and obey the law. Rule 1.01, on the other hand, states the norm of conduct to be observed by all lawyers. Any act or omission that is contrary to, or prohibited or unauthorized by, or in defiance of, disobedient to, or disregards the law is unlawful. Unlawful conduct does not necessarily imply the element of criminality although the concept is broad enough to include such element. To be dishonest means the disposition to lie, cheat, deceive, defraud, or betray; be unworthy; lacking in integrity, honesty, probity, integrity in principle, fairness, and straightforwardness, while conduct that is deceitful means the proclivity for fraudulent and deceptive misrepresentation, artifice or device that is used upon another who is ignorant of the true facts, to the prejudice and damage of the party imposed upon.11
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
x x x x
Endnotes:
1 Report and Recommendation submitted by Commissioner Christian D. Villagonzalo; rollo, pp. 89-101.
2Rollo, pp. 87-88.
3Anudon v. Atty. Cefra, 753 Phil. 421, 430 (2015).
4Sultan v. Atty. Macabanding, 745 Phil. 12, 20 (2014).
5Almazan, Sr. v. Atty. Suerte-Felipe, 743 Phil. 131, 136-137 (2014).
6Coquia v. Atty. Laforteza, A.C. No. 9364, February 8, 2017.
7Id.
8 Emphasis supplied.
9 Emphasis supplied.
10Id.
11Jimenez v. Atty. Francisco, 749 Phil. 551, 565-566 (2014).
12Id. at 566.