Sept. 7, 2020
FACTS
Respondent Atty. Eric Subia notarized a Deed of Absolute Sale with the conformity of Spouses Placido and Telesfora Aczon.
However, it was found out that the spouses were already dead at the time of execution of the Deed.
The complainant heirs of Placido filed an administrative case against Atty. Subia.
The heirs allege that Atty. Subia violated the Notarial Rules for making it appear that the vendor, Placido, and his wife Telesfora, were signatories in the Deed when, in truth, the spouses were already dead prior to the execution of the subject Deed.
According to the heirs, he failed to verify that the spouses were already long dead.
Atty. Subia, however, denied preparing the Deed in question and that someone falsified and copied his signature.
ISSUE
Whether or not Atty. Subia violated the Notarial Rules.
RULING
YES, Atty. Subia violated the Notarial Rules.
Assuming that another person may have forged Atty. Subia’s signature, the mere fact that Atty. Subia’s notarial seal appears on the document and considering that he failed to deny the authenticity of the same, he bears the accountability and responsibility for the use thereof even if such was done without his consent and knowledge. Furthermore, the perpetrator of the alleged forgery knew of the details of the notarial register of Atty. Subia. Indubitably, there was negligence on the part of Atty. Subia in the handling of his affairs as a notary public.
A lawyer, who is commissioned as a notary public, has the duty to exercise utmost diligence and to discharge with faithfulness the sacred duties of his profession, which is impressed with public interest.
DISPOSITIVE PORTION
WHEREFORE, respondent Atty. Eric P. Subia is found GUILTY of violation of the 2004 Rules on Notarial Practice and of negligence in the performance of his duties as a notary public. Accordingly, the Court hereby SUSPENDS him from the practice of law for six (6) months; REVOKES his notarial commission, if any; and PROHIBITS him from being commissioned as a notary public for two (2) years. He is WARNED that a repetition of the same offense or similar acts in the future shall be dealt with more severely.
The suspension from the practice of law, the prohibition from being commissioned as a notary public, and the revocation of his notarial commission, if any, shall take effect immediately upon receipt of this Decision by respondent. He is DIRECTED to immediately file a Manifestation to the Court that his suspension has started, copy furnished all courts and quasi-judicial bodies where he has entered his appearance as counsel.
Let copies of this Decision be furnished to the Office of the Bar Confidant, to be attached to the personal record of Atty. Eric P. Subia; the Office of the Court Administrator, for dissemination to all lower courts; and the Integrated Bar of the Philippines, for proper guidance and information.
SO ORDERED.
Full text of this decision.
