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Lawyer suspended 2 yrs for notarizing document while signatory was absent
By J.Lo
“In this case, Atty. Reago ‘s act of notarizing SPA even if signatory did not personally appear before him to affix her signature and acknowledge same clearly falls short of yardstick of accuracy and fidelity required of notaries public,“ Supreme Court on Monday, September 16 suspended lawyer after he forged his client’s signature and notarized special power or attorney despite his client being out of the country.
This resulted in lawyer, Lorenzo Reago, being suspended from practice of law for two years and also prohibited from being commissioned as notary public for two years.
He is also directed by high court to file manifestation before Supreme Court to indicate that his suspension has started.
Complainant Maria Brozas-Garri accused Reago of failing to return her copy of Transfer Certificate of Title which he borrowed, despite repeated requests.
She also claimed that lawyer Reago prepared Special Power of Attorney (SPA) allowing his wife to lease out her house and lot and he notarized document even though her signature was forged, as she was out of the country at the time.
Additionally, complainant accused Reago of neglecting to file important legal paperwork and failing to provide updates in case where he was representing her and other plaintiffs.
In his defense, Reago asserted that he already returned Transfer Certificate Title to Brozas-Garri through her sister in 2016, with proof of receipt.
Reago claimed Special Power of Attorney was created with her full knowledge and that she agreed to lease and even received rental payments.
Case was referred to Integrated Bar of the Philippines (IBP) for further investigation and recommendations.
IBP then recommended Reago should be administratively liable for violating Canon 1 of old Code of Professional Responsibility (CPR) and 2004 Rules on Notarial Practice.
IBP Board further noted that Reago aggravated his violation by knowingly preparing and notarizing document with forged signature while Brozas-Garri was abroad.
Reago then filed motion for reconsideration but was denied. This prompted him to appeal his case before Supreme Court.
Supreme Court has upheld findings of IBP. In its ruling, it stressed that notarization is not mere formality but act of significant public interest, converting private documents into public ones, which are admissible in court without further authentication.
High tribunal highlighted act of notarization grants document full faith and credit, making it crucial for notaries public to strictly adhere to basic requirements of their duties.
“Notaries public are enjoined to observe with utmost care basic requirements in performance of their duties; otherwise, confidence of public in integrity of this form of conveyance would be undermined,” Supreme Court’s decision read.
Citing 2004 Rules on Notarial Practice, Court reiterated notary public must ensure person signing document is present at the time of notarization and is either personally known to notary or identified through competent evidence.
It stressed that notary public should never notarize document unless individual who signed it is same person who appeared before them to affirm contents of document.
Any violation of this rule, Supreme Court said is violation of Canon II of Code of Professional Responsibility and Accountability which replaced old CPR.
“Notably, Atty. Reago never even refuted Brozas-Garri’s allegation but, instead, countered that be and his wife merely exercised acts of administration over Brozas-Garri’ s property, and as such, said SPA was unnecessary and superfluous in execution of lease contract over said property, and Brozas-Garri I was deemed to have ratified lease considering her acceptance of benefits from it,” it added.
Being suspended from practice of law, Reago litigate nor do services of lawyer for two years. Among these are notarizing documents. He could once again practice law once his suspension is lifted.
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