A.C. No.

1073, February 9, 2015

RENATO S. RELAMPAGOS, Complainant, v. ATTY. URBANO H.

LAGUNAY, Respondent

Facts:
• This is a disbarment complaint filed by Relampagos against Atty. Lagunay ofor violating
Rule 1.01, Rule 1.02, and Rule 19.02 of the Code of Professional Responsibility.
• Respondent notarized a Deed of Transfer despite him knowing that the title is subjected to
a Free Patent where such transfer outside of the family is prohibited for 5 years. Despite
this, Relampagos received advices and assistance from Atty. Lagunay.
• Further, Atty. Laginay’s wife signed as an instrumental witness in the Deed of Transfer.

Issue:
Whether or not the signing of respondent’s wife as an instrumental witness in the notarized
document constitutes violation of the 2004 Rules on Notarial Practice.

Ruling:
• No, because Rule 4, Section 3 (c) of AM No. 02-8-13-SC or the 2004 Rules on Notarial
Practices provides that a notary public is disqualified from performing a notarial act if he
is a spouse, common-law partner, ancestor, descendant, or relative by affinity or
consanguinity of the principal within the 4th civil degree. In the case, Carolette is not the
principal in the instrument.
• Section 4(a) pf Rule IV also enjoins a notary public from performing any notarial act for
any person if he knows or has good reason to believe that the notarial act or transaction is
unlawful.
• The complaint for disbarment was dismissed for lack of merit and Atty. Lagunay was
sternly warned that another violation of on the Rules of Notarial Practice will be dealt more
severely.