LOBERES-PINTAL v. ATTY. BAYLOSIS

SUSAN LOBERES-PINTAL, Complainant - versus - ATTY. RAMONCITO B. BAYLOSIS, Respondent

A.C. No. 11545

January 24, 2017

FACTS:

Susan Loberes-Pintal (Susan) filed a complaint for disbarment against Atty. Baylosis for committing perjury, falsification of public documents and the use of falsified documents. She alleged that Roldan C. Pintal (Roldan) filed a Petition for Declaration of Nullity of  their Marriage before the Regional Trial Court of Caloocan City (RTC); that Atty. Baylosis conspired with Roldan by making it appear that he was a resident of Caloocan City when in fact he was a resident of Quezon City; and that Atty. Baylosis notarized the verification and certification against non-forum shopping of the petition on May 13, 2011, but, at that time, Roldan was out of the country. Susan submitted a Certification from the Barangay Chairman and a Certification from the Bureau of Immigration as proof.

Atty. Baylosis denied the accusation and insisted that when Roldan went to his office in January 2011, he personally interviewed him and asked him to submit his personal documents; that Roldan provided him a Certification from the Chairman, that Roldan reviewed the petition and affixed his signature in the Verification and Certification; that Roldan personally appeared before him, swore in accordance with law and verified his petition in accordance with the Rules of Court. Atty. Baylosis further averred that the date of recording on May 13, 2011 of the Verification and Certification of the petition was an honest mistake and excusable error on the part of his staff but his claim that Roldan personally appeared before him was true.

The IBP-Board of Governors reversed and set aside the report and recommendation of the CBD. In its Extended Resolution, the IBP-Board ofGovernors found Atty. Baylosis guilty of violating the 2004 Rules onNotarial Practice when he made it appear that Roldan was present during thenotarization of the petition on May 13, 2011 and recommended the immediate revocation of his notarial commission and his disqualificationfrom being commissioned as notary public for two (2) years.

ISSUE:

Whether or not Atty. Baylosis guilty of violating the 2004 Rules on Notarial Practice

HELD:

YES. Without a quibble, Atty. Baylosis was negligent in the performance of his duty as a notary public when he notarized the petition for declaration of the nullity of marriage without the presence of Roldan. This was evidenced by the Certification issued by the Bureau of Immigration that Roldan was not in the Philippines on May 13, 2011 as he had left the Philippines on April 10, 2011 and came back only on September 8, 2011. Atty. Baylosis'contention that he personally interviewed Roldan when the latter went into his office and personally read and signed the petition cannot be accorded a shred of credence. In notarizing a document in the absence of a party, Atty. Baylosis violated not only the rule on notarial practice but also the Code of Professional Responsibility which proscribes a lawyer from engaging in any unlawful, dishonest, immoral, or deceitful conduct. By affixing his signature and notarial seal on the document, he attested that Roldan personally appeared before him on the day it was notarized and verified the contents thereof. His conduct is fraught with dangerous possibilities considering the conclusiveness on the due execution of a document that our courts and the public accord to notarized documents. It must be emphasized that a lawyer commissioned as a notary public, is mandated to discharge with fidelity the sacred duties appertaining to his office, such duties being dictated by public policy and impressed with public interest. It is for this reason that a notary public must observe with utmost care the basic requirements in the performance of their duties; otherwise, the public's confidence in the integrity of the document would be undermined.