March 18, 2015
FACTS
Complainant Crescenciano Pitogo filed a civil case against EMCOR, Inc.
He obtained three documents that would support his claims against EMCOR.
The said three documents Pitogo obtained were notarized by respondent Atty. Joselito Suello.
He asked Atty. Suello to certify the authenticity and veracity of the three documents Atty. Suello notarized; however, Atty. Suello refused and denied having notarized the documents.
Instead, Atty. Suello ordered his secretary to give Pitogo a copy of his (Atty. Suello) notarial register.
There, Pitogo found out that the three documents Atty. Suello notarized were not recorded in Atty. Suello’s notarial register and instead a different set of three documents were recorded.
He (Pitogo) filed an administrative complaint against Atty. Suello for the discrepancies in Atty. Suello’s notarial register.
Atty. Suello denied having notarized the said documents or that he disowned them.
He likewise denied liability for the erroneous entry of his notarial register and instead blamed his secretary for the infraction.
ISSUES
- Whether or not failure to enter the details in a notarial register is a violation of the Notarial Rules.
- Whether or not a lawyer’s secretary can be held liable for violations of the Notarial Rules.
RULING
1. Whether or not failure to enter the details in a notarial register is a violation of the Notarial Rules.
YES, failure to enter the details in the notarial register is a violation of the Notarial Rules.
Recording every notarial act in the notarial register is required under Sec. 2 of Rule VI of the Notarial Rules.
Failure to properly record entries in the notarial register is also a ground for revocation of notarial commission under Sec. 1, Rule XI of the Notarial Rules.
2. Whether or not a lawyer’s secretary can be held liable for violations of the Notarial Rules.
NO, a lawyer’s secretary CANNOT be held liable for violations of the Notarial Rules.
The notarial commission is a license held personally by the notary public. It cannot be further delegated. It is the notary public alone who is personally responsible for the correctness of the entries in his or her notarial register.
DISPOSITIVE PORTION
WHEREFORE, we find respondent Atty. Joselito Troy Suello GUILTY of violating Canon 1 and Rule 1.01 of the Code of Professional Responsibility and the 2004 Rules on Notarial Practice. Accordingly, he is SUSPENDED from the practice of law for three (3) months and is STERNLY WARNED that any similar violation will be dealt with more severely. His notarial commission is immediately revoked if presently commissioned. He is DISQUALIFIED from being commissioned as notary public for one (1) year.
SO ORDERED.
Full text of this decision.
