Dec. 3, 2014
FACTS
Complainant Atty. Aurelio Angeles, Jr. informed Executive Judge Remigio Escalado, Jr. in a letter that Atty. Renato Bagay notarized 18 documents at the time he was out of the country.
It was revealed that Atty. Bagay did not sign the notarized documents himself and it was either his secretary who signed them or they already came out signed.
The letter reached the IBP’s office and recommended the immediate revocation of Atty. Bagay’s commission as notary public and his disqualification to be commissioned as such for two years.
The IBP alleged that he was negligent and he failed to live up to the standard required by the Rules on Notarial Practice.
One the other hand, Atty. Bagay claimed he was not aware that the documents were notarized using his name while he was out of the country and that for 21 years of practicing law, he acted as a notary public without any blemish on record, dutifully minding the rules of the law profession and notarial practice.
He also sought leniency, contending that he had no wrongful intention and that he only committed simple negligence which did not warrant a harsh penalty.
ISSUES
- Whether or not the notarization of the documents by the secretary of Atty. Bagay while he was out of the country constituted negligence.
- Whether or not a first time violation of the Notarial Rules in a 21-year practice of law is a mitigating circumstance.
RULING
1. Whether or not the notarization of the documents by the secretary of Atty. Bagay while he was out of the country constituted negligence.
YES, the notarization of the documents by the secretary of Atty. Bagay while he was out of the country constituted negligence.
Respondent is responsible for the acts of his secretary. Section 9 of the 2004 Rules on Notarial Practice provides that a “Notary Public” refers to any person commissioned to perform official acts under these Rules. A notary public’s secretary is obviously not commissioned to perform the official acts of a notary public.
Respondent must fully bear the consequence of his negligence. A person who is commissioned as a notary public takes full responsibility for all the entries in his notarial register. He cannot relieve himself of this responsibility by passing the buck to his secretary.
2. Whether or not a first time violation of the Notarial Rules in a 21-year practice of law is a mitigating circumstance.
NO, a first time violation of the Notarial Rules in a 21-year practice of law is NOT a mitigating circumstance.
His experience should have placed him on guard and could have prevented possible violations of his notarial duty. By his sheer negligence, 18 documents were notarized by an unauthorized person and the public was deceived. Such prejudicial act towards the public cannot be tolerated by this Court. Thus, the penalty of revocation of notarial commission and disqualification from reappointment as Notary Public for two (2) years is appropriate.
DISPOSITIVE PORTION
WHEREFORE, the recommendation of the Integrated Bar of the Philippines is ADOPTED with MODIFICATION.1âwphi1 Finding Atty. Renato C. Bagay grossly negligent in his duty as a notary public, the Court REVOKES his notarial commission and DISQUALIFIES him from being commissioned as notary public for a period of two (2) years. The Court also SUSPENDS him from the practice of law for three (3) months effective immediately, with a WARNING that the repetition of a similar violation will be dealt with even more severely.
The respondent is DIRECTED to report the date of his receipt of this Decision to enable this Court to determine when his suspension shall take effect.
Let copies of this Decision be furnished to Office of the Bar Confidant to be appended to Atty. Renato C. Bagay’s personal record; the Integrated Bar of the Philippines; and all courts in the country for their information and guidance.
SO ORDERED.
Full text of this decision.
