CASE DIGEST
Ang v. Belaro, Jr.
A.C. No. 12408, December 11, 2019
SECOND DIVISION, HERNANDO
J.
Notarial Practice, the Bill of Rights Due Process of Law. Procedural Aspect, Administrative Proceedings
DOCTRINE: Notaries public have a duty to observe
utmost care in complying with the formalities intended to protect the integrity
of notarized documents.
Complainant Venson and his siblings
discovered that their late mother's property was fraudulently transferred
through an allegedly forged Extrajudicial Settlement of Estate Among Heirs with
Waiver of Rights and other questionable documents notarized by respondent Atty.
Belaro. During the investigation, the signatures of Atty. Belaro in the
Extrajudicial Settlement appeared to be forgeries, while his signatures in
other documents were deemed genuine. The Investigating Commissioner of IBP found
evidence of forgery and negligence on the part of Atty. Belaro for failing to
properly secure his notarial seal.
Whether respondent breached the Notarial Practice
Law.
YES.
His signatures in three versions of the Extrajudicial Settlement were confirmed
forgeries. He failed to properly secure and keep his notarial seal, which led
to its unauthorized use in the Extrajudicial Settlement, converting it into a
public document. His negligence in reportorial duties as a Notary Public was
also noted. These actions breached the duties of a notary public and lawyer,
undermining the integrity of notarization and making him liable for negligence.
Whether the IBP violated respondent Atty. Belaro's
right to due process.
NO.
It ruled that there was no violation of Atty. Belaro's right to due process as
he was given ample opportunity to defend himself and present evidence. The
Court clarified that administrative due process does not require a trial-type
proceeding, but only that the person be notified of the charges and given a chance
to explain. Atty. Belaro had received notices of the proceedings and was able
to file motions and responses. Therefore, the minimum requirements of due
process were met.
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