Jan. 8, 2018
FACTS
Respondent Atty. Dominica Llera-Agno notarized and acknowledged a Special Power of Attorney (SPA) without the physical presence of one of the affiants, Francisca Mallari, who was also one of the defendants in a civil case filed by complainant Romeo Almario.
Upon learning of such fact, Almario sought the disbarment of Atty. Llera-Agno for notarizing an SPA without the personal appearance of Mallari, who was in Japan that time.
Atty. Llera-Agno sought the dismissal of the case.
The IBP, however, recommended Atty. Llera-Agno be suspended as Notary Public for six months.
Almario, among other things, contended that the said SPA was falsified because Mallari was in Japan at the time.
He insisted that Atty. Llera-Agno must be disciplined accordingly and that suspension is the appropriate penalty for such infraction.
Atty. Llera-Agno, meanwhile, admitted the infraction imputed against her, and simply pleaded that the penalty recommended by the IBP be reduced or lowered. She argued that:
- this is her first offense since she was first commissioned as a notary public in 1973;
- the case involved only one document;
- the notarization was done in good faith;
- the civil case where the questioned SPA was used ended in a Compromise Agreement; and finally
- she is already 71 years old and is truly sorry for what she had done, and promises to be more circumspect in the performance of her duties as a notary public.
ISSUES
- Whether or not Atty. Llera-Agno should be suspended as Notary Public.
- Whether or not mitigating circumstances may be considered in imposing suspension as Notary Public.
RULING
1. Whether or not Atty. Llera-Agno should be suspended as Notary Public.
YES, Atty. Llera-Agno should be suspended as Notary Public.
A document should not be notarized unless the person/s who is/are executing it is/are personally or physically present before the notary public. The personal and physical presence of the parties to the deed is necessary to enable the notary public to verify the genuineness of the signature/s of the affiant/s therein and the due execution of the document.
2. Whether or not mitigating circumstances may be considered in imposing suspension as Notary Public.
YES, mitigating circumstances may be considered in imposing suspension as Notary Public.
The Court opts to suspend respondent lawyer as a notary public for two months, instead of six months as the IBP had recommended. We are impelled by the following reasons for taking this course of action: first, the apparent absence of bad faith in her notarizing the SPA in question; second, the civil case wherein the flawed SPA was used ended up in a judicial Compromise Agreement; and finally, this is her first administrative case since she was commissioned as a Notary Public in 1973. In addition, respondent lawyer invites our attention to the fact that she is already in the twilight years of her life.
DISPOSITIVE PORTION
ACCORDINGLY, respondent Atty. Dominica L. Agno is hereby SUSPENDED as Notary Public for the aforesaid infraction for two months and WARNED that the commission of a similar infraction will be dealt with more severely.
Let copies of this Decision be furnished the Office of the Bar Confidant to be appended to Atty. Agno’s personal record. Further, let copies of this Decision be furnished the Integrated Bar of the Philippines and the Office of the Court Administrator which is directed to circulate them to all courts in the country for their information and guidance.
SO ORDERED.
Full text of this decision.
