Case Digest (A.C. No. 10695)
Facts:
- Crescenciano M. Pitogo (complainant) purchased a motorcycle from Emcor, Inc.
- Emcor, Inc. failed to register the motorcycle in Pitogo's name.
- Pitogo filed a civil complaint against Emcor, Inc. in the Regional Trial Court.
- The motorcycle was eventually registered under Pitogo's name based on three notarized documents by Atty. Joselito Troy Suello (respondent).
- The documents were recorded in Suello's notarial register:
- Deed of Assignment between Maria P. Ponce/Rogelio Ponce and Emcor, Inc.
- Deed of Sale with Assumption of Mortgage between Maria P. Ponce and Mariza G. Ono-on.
- Deed of Sale with Assumption of Mortgage between Mariza G. Ono-on and Crescenciano M. Pitogo.
- On August 3, 2009, Pitogo visited Suello's office to have the documents certified.
- Suello disowned the documents the following day and instructed his secretary to provide Pitogo with a copy of his notarial register.
- Pitogo sent a letter on August 7, 2009, requesting certification of the documents' authenticity but received no response.
- On September 10, 2009, Pitogo filed an Affidavit-Complaint against Suello with the Cebu Chapter of the Integrated Bar of the Philippines.
- Suello denied notarizing the documents and claimed his secretary certified them as true copies.
- The Integrated Bar of the Philippines recommended a six-month suspension and a two-year disqualification from being a notary public for Suello.
- The Board of Governors later increased the disqualification to four years.
- Suello filed a Motion for Reconsideration, which was partially granted, reducing the disqualification to two years but maintaining the revocation of his notarial commission.
- The Supreme Court reviewed the case and found Suello administratively liable for negligence.
Issue:
- (Unlock)
Ruling:
- Yes, Atty. Joselito Troy Suello was found negligent in maintaining his notarial register.
- Yes, Suello violated the Code of Professional Responsibility and the Notarial Rules.
- Suello is suspended from the practice of law for three months, his notar...(Unlock)
Ratio:
- The Supreme Court held that Atty. Suello was administratively liable for negligence in maintaining his notarial register, a requirement under the Notarial Rules.
- Notaries public must accurately and promptl...continue reading
Case Digest (A.C. No. 10695)
Facts:
Crescenciano M. Pitogo (complainant) purchased a motorcycle from Emcor, Inc. but alleged that the company failed to register the motorcycle in his name. Consequently, he filed a civil complaint against Emcor, Inc. in the Regional Trial Court. The motorcycle was eventually registered under Pitogo's name based on three notarized documents by Atty. Joselito Troy Suello (respondent). These documents were recorded in Suello's notarial register as follows: 1) Deed of Assignment between Maria P. Ponce/Rogelio Ponce and Emcor, Inc. (Doc. No. 436, Book No. 83, Page No. 88, Series of 2009); 2) Deed of Sale with Assumption of Mortgage between Maria P. Ponce and Mariza G. Ono-on (Doc. No. 437, Page No. 88, Book No. 83, Series of 2009); and 3) Deed of Sale with Assumption of Mortgage between Mariza G. Ono-on and Crescenciano M. Pitogo (Doc. No. 235, Page No. 85, Book No. 83, Series of 2009). On August 3, 2009, Pitogo visited Suello's office to have these documents certified. However, when he contacted Suello the following day to emphasize the importance of the documents for his civil case, Suello allegedly disowned them and instructed his secretary to provide Pitogo with a copy of his notarial register instead. Pitogo sent a letter on August 7, 2009, reiterating the significance of the documents and requested Suello to certify their authenticity. He did not receive a response. On September 10, 2009, Pitogo filed an Affidavit-Complaint against Suello with the Cebu Chapter of the Integrated Bar of the Philippines, claiming discrepancies between the notarized documents and Suello's notarial register. Suello denied notarizing the documents and claimed th...