Facts:
Father Ranhilio C. Aquino, joined by
Lina M. Garan,
Estrella C. Lozada,
Policarpio L. Mabborang,
Dexter R. Munar,
Monico U. Tenedro,
Andy R. Quebral,
Nestor T. Rivera,
Eduardo C. Ricamora,
Arthur G. Ibanez,
Aurelio C. Caldez and
Denu A. Agatep, filed a letter-complaint dated August 3, 1999 against
Atty. Edwin Pascua, a Notary Public in Cagayan, alleging that he falsified two notarized documents by making it appear that he had notarized the Affidavit-Complaint of Joseph B. Acorda as Doc. No. 1213, Page No. 243, Book III, Series of 1998, dated December 10, 1998, and the Affidavit-Complaint of Remigio B. Domingo as Doc. No. 1214, Page No. 243, Book III, Series of 1998, dated December 10, 1998. The complainants attached certifications by Atty. Angel Beltran, Clerk of Court, Regional Trial Court, Tuguegarao, dated June 23 and July 26, 1999, stating that neither entry appears in Atty. Pascua’s
Notarial Register and that the last entry therein was Document No. 1200 executed on December 28, 1998, thereby making it impossible for Documents Nos. 1213 and 1214 to have been notarized on December 10, 1998. In his comment dated September 4, 1999,
Atty. Pascua admitted notarizing the two documents but attributed the omission to the oversight of his legal secretary, Lyn Elsie C. Patli, whose affidavit he attached, and explained that the affidavit-complaints were filed with the Civil Service Commission where the complainants were impleaded; the complainants filed a Motion to Join and Reply which this Court granted on November 16, 1999. The case was referred to the Office of the Bar Confidant which, in a Report and Recommendation dated April 21, 2003, found that the questioned documents were not recorded in the Notarial Register, that a notary must enter and number entries in chronological order pursuant to
Sec. 246, Article V, Title IV, Chapter II of the Revised Administrative Code, and that failure to make the proper entries is a ground for revocation under
Sec. 249, Article VI, recommending revocation of Atty. Pascua’s notarial commission and suspension from the practice of law for six months; the Court conducted a close review and adopted the Office of the Bar Confidant’s findings.
Issues:
Did
Atty. Edwin Pascua commit
misconduct by failing to record and number in his Notarial Register the affidavit-complaints of Joseph B. Acorda and Remigio B. Domingo and by thereby creating the appearance of fictitious notarial entries? Should his notarial commission be revoked and should he be disciplined by suspension from the practice of law?
Ruling:
Ratio:
Doctrine: