Angeles v. Bagay

FACTS: Atty. Angeles, Jr. ,the Provincial Legal Officer of Bataan, submitted a letter to Hon. Escalada, Jr. , Executive Judge of the RTC Bataan against Atty. Bagay, for his alleged notarization of 18 documents at the time he was out of the country. The letter contained the affidavits of the persons who caused the documents to be notarized which showed a common statement that they did not see respondent sign the documents himself and it was either the secretary who signed them or the documents cameout of the office already signed.

ISSUE: Whether the notarization of documents by the secretary of respondent while he was out of the country constituted negligence. YES

HELD: Respondent admitted in his comment and motion for reconsideration that the 18 documents were notarized under his notarial seal by his office secretary while he was out of the country. This clearly constitutes negligence considering that 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. 

Because of the negligence of respondent, the Court also holds him liable for violation of the CPR. His failure to solemnly perform his duty as a notary public not only damaged those directly affected by the notarized documents but also undermined the integrity of a notary public and degraded the function of notarization. He should, thus, be held liable for such negligence not only as a notary public but also as a lawyer.

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 2 years. The Court also SUSPENDS him from the practice of law for 3 months effective immediately, with a WARNING that the repetition of a similar violation will be dealt with even more severely.