Académique Documents
Professionnel Documents
Culture Documents
_______________
* THIRD DIVISION.
566
JARDELEZA, J.:
For resolution is the second motion for
1
reconsideration, which we treated as a petition for
review,2 of Resolution No. XX-2011-2793 promulgated by
the Board of Governors of the Integrated Bar of the
Philippines (IBP) suspending Atty. Edgardo O. Palay (Atty.
Palay) from the practice of law for the period of one (1) year
and perpetually disqualifying him from being
commissioned as a notary public. The case originated from
a complaint for disbarment4 filed by Gina E. Endaya
(Endaya) charging Atty. Palay, a notary public in Puerto
Princesa, Palawan, with violation of Canon 1, Rules 1.01
and 1.02, Canon 7, Rule 7.03 and the 2004 Rules on
Notarial Practice.5
The records show that on July 27, 2004, Atty. Palay
notarized the Deed of Sale covering eight (8) parcels of land
covered by Transfer Certificate of Title Nos. 8940, 8941,
8942, 8943, 8944, 10774, 17938, and 19319, allegedly
executed and thumbmarked by Engr. Atilano AB. Villaos
(Villaos), father of the complainant.6 Endaya claimed that
Villaos was already confined at the Philippine Heart
Center in Quezon City from May 27 to August 17, 2004,
and it was therefore impossible that he appeared before
Atty. Palay in Puerto Princesa, Palawan, to affix his
thumbmark in the Deed of Sale. During that period, Villaos
was no longer of sound mind and incapable of discerning
and knowing the consequences of the Deed of Sale as
shown in the affidavit executed by Dr. Bella L. Fernandez.
Villaos eventually passed away on August 28, 2004.7
_______________
567
_______________
8 Id., at p. 152.
9 Id., at pp. 152-153.
10 Id., at p. 153.
11 Id., at pp. 157-158.
12 Id., at p. 150.
13 Id., at pp. 230-231.
14 Id., at pp. 242-243.
568
568 SUPREME COURT REPORTS ANNOTATED
Endaya vs. Palay
_______________
15 Id., at p. 243.
16 2004 Rules on Notarial Practice, Rule III, Sec. 1, par. (4).
17 Id., Rule IV, Sec. 2. Prohibitions.—
x x x
(b) A person shall not perform a notarial act if the person involved as
signatory to the instrument or document —
(1) is not in the notary’s presence personally at the time of the
notarization; and
(2) is not personally known to the notary public or otherwise
identified by the notary public through competent evidence of identity as
defined by these Rules.
18 Rule 1.01 – A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.
569
_______________
570