A.C. No. 12274 - Re: John Mark Tamano

Case Summary (A.C. No. 12274)

Factual Background

UCSPAI filed a verified complaint before the Executive Judge of the Regional Trial Court in Bacolod City alleging that Atty. John Mark M. Tamano notarized the corporation’s General Information Sheets (GIS) for the years 2010, 2011, 2012, 2013, and 2014 without the affiants’ personal appearance. The complaint further alleged that Atty. Tamano assigned the notarial particulars printed on those GIS to entries of other documents in his notarial register so that the GIS themselves were not recorded in his notarial books.

Preliminary Conference and Evidence

At the preliminary conference the parties stipulated that Atty. Tamano did not record the UCSPAI GIS for 2010 to 2014 in his notarial register. Certificates from the Office of the Clerk of Court and the entries in Atty. Tamano’s notarial books established that the notarial particulars shown on the GIS corresponded to distinct instruments. The records showed, inter alia, that the 2010 particulars corresponded to a certificate executed by Wilfreda Remula; the 2011 particulars to a deed of absolute sale executed by Julius Caesar Lacson and Jonathan Bayona; the 2012 particulars to a contract extension agreement executed by Victor C. Go; the 2013 particulars to a sworn statement executed by Atty. Ma. Cecilia Soriano Salcedo Mating; and the 2014 particulars to a memorandum of agreement executed by Ricky Desampasado and Rico C. Catalogo.

Executive Judge’s Order

In an Order dated December 5, 2017, Executive Judge Raymond Joseph G. Javier found that Atty. Tamano failed to record the UCSPAI GIS for 2010 to 2014 in violation of Section 2(a), Rule VI of the 2004 Rules on Notarial Practice and revoked his notarial commission for the term ending December 31, 2017, reserving determination on the administrative case then pending before him.

Transmission and Initial Court Action

The records of Adm. Case No. NP-008-17 were transmitted to the Supreme Court. The Office of the Bar Confidant issued a Report for Raffle on July 25, 2018. By Resolution dated August 22, 2018, the Court docketed the matter as a regular administrative case, sustained the revocation of the notarial commission up to December 31, 2017, and required Atty. Tamano to show cause why his notarial commission should not be revoked permanently, why he should not be perpetually disqualified from being commissioned as notary public, and why he should not be suspended from the practice of law.

Parties’ Positions

Atty. Tamano admitted lapses in attending to his duties as a notary public and claimed that the affiants appeared before him and that his staff subsequently failed to enter the notarial details in the notarial books. He asserted that the notarized GIS nevertheless benefited UCSPAI by complying with Securities and Exchange Commission requirements. Benedicto rejected that excuse, stressing that Atty. Tamano committed continuous violations over five years and could not shift responsibility to his staff.

OBC Report and Recommendation

The Office of the Bar Confidant, after evaluation, found that Atty. Tamano violated Sections 1 and 2(a), Rule VI and Section 1, Rule XI of the 2004 Rules on Notarial Practice and Rule 1.01, Canon 1 of the Code of Professional Responsibility by delegating to his office secretary the task of recording notarial acts. The OBC recommended suspension from the practice of law for two years and perpetual disqualification from being commissioned as notary public.

The Court’s Legal Analysis

The Court applied Section 2, Rule VI of the 2004 Rules on Notarial Practice, which required the notary to record specified details in the notarial register at the time of notarization and to number each instrument according to the register, and noted that failure to record proper entries is a ground for revocation or other administrative sanctions under Rule XI, Sec. 1. The Court reiterated that notarization converts a private document into a public document and confers on it prima facie evidentiary value, citing precedent including Bernardo v. Atty. Ramos and Roa-Buenafe v. Lirazan. The Court held that the absence of the GIS from the notarial records and the assignment of their notarial particulars to other instruments engendered doubt about their notarization and amounted to gross negligence. The Court further found that delegation of the notary’s personal duty to record notarial acts to an unqualified staff violated Rule 9.01, Canon 9 of the Code of Professional Responsibility. The Court reviewed comparable jurisprudence where failing to record or assigning duplicate particulars, and delegating notarial functions, attracted disciplinary penalties.

Disposition and Penalties

The Court found Atty. John Mark M. Tamano guilty of violating t

Case Syllabus (A.C. No. 12274)

Parties and Procedural Posture

Luis Alfonso R. Benedicto filed a verified complaint for permanent revocation of the notarial commission before the Office of the Executive Judge, Regional Trial Court, Bacolod City, docketed as Adm. Case No. NP-008-17.
Atty. John Mark M. Tamano was the respondent accused of notarizing documents without personal appearance of affiants and of failing to record notarial acts in his notarial register.
The Executive Judge issued an Order dated December 5, 2017 revoking Atty. Tamano's notarial appointment until December 31, 2017 and transmitted the administrative records to this Court.
The Court, upon raffle by the Office of the Bar Confidant, docketed the matter as an administrative case and required Atty. Tamano to show cause why further disciplinary sanctions should not be imposed.

Key Factual Allegations

UCSPAI's General Information Sheets (GIS) for the years 2010 to 2014 were alleged to have been notarized by Atty. Tamano without the affiants' personal appearance.
The notarial particulars appearing on the GIS for each year corresponded to distinct instruments recorded in Atty. Tamano's notarial books and thus the GIS were absent from the notarial register.
The affiants for the 2010 to 2013 GIS were alleged to be Enrique C. Regalado, while the 2014 GIS was alleged to be executed by Luis Alfonso R. Benedicto.
Atty. Tamano admitted that his office staff failed to enter the five GIS into his notarial books and that he signed documents and referred filling of notarial details to staff as office practice.

Admissions and Documentary Evidence

The parties stipulated during the preliminary conference that Atty. Tamano did not record the UCSPAI GIS for the years 2010 to 2014 in his notarial register.
Certificates issued by the Office of the Clerk of Court, Bacolod City, and entries from Atty. Tamano's notarial books demonstrated that the notarial particulars assigned to the GIS pertained to other documents.
Atty. Tamano did not deny notarizing the GIS but contended the affiants appeared before him and that no prejudice resulted to UCSPAI because the GIS were submitted to the SEC.

Procedural History

The Executive Judge revoked Atty. Tamano's notarial appointment in an Order dated December 5, 2017 while the administrative case remained pending.
The Office of the Bar Confidant recommended docketing the matter as a regular administrative case and the Court approved the referral and required a show cause comment from Atty. Tamano.
The Office of the Bar Confidant later evaluated the record and recommended suspension from the practice of law for two years and perpetual disqualification from commissioning as notary public.
The Court referred the case to the OBC for report and recommendation before rendering its final disposition.

Issues Presented

Whether Atty. Tamano violated the 2004 Rules on Notarial Practice by failing to record notarial acts in his notarial register as required by Section 2, Rule VI.
Whether delegation of the recording function to nonlawyer staff violated Rule 9.01, Canon 9 and other provisions of the Code of Professional Responsibility.
What administrative penalties are appropriate for the established violations.

Parties' Contentions

Luis Alfonso R. Benedicto maintained that the GIS were not recorded in Atty. Tamano's notarial books and demanded revocation and