FATHER RANHILIO AQUINO et al V ATTY EDWIN PASCUA A.C. No. 5095, November 28, 2007

FACTS:

Father Ranhilio Aquino, as the Academic head of the Philippine Judiciary Academy, together with other complainants filed a letter-complaint against Attorney Edwin Pascua, a Notary Public for violation of the Notarial Practice Law. In his letter-complaint, Father Aquino alleged that Atty. Pascua falsified two notarized documents in which he filed with the Civil Service Commission. Atty. Pascua admitted having notarized the two documents, but they were not entered in his Notarial Register due to the oversight of his legal secretary. The case was referred to the Office of the Bar Confidant for investigation, report and recommendation. The Office of the Bar Confidant found that Fr. Ranhilio and the other complainants are, therefore, correct in maintaining that Atty. Pascua falsely assigned fictitious numbers to the questioned affidavit-complaints, a clear dishonesty on his part not only as a Notary Public, but also as a member of the Bar.

ISSUE:

WON Atty. Pascua is guilty of Misconduct in the performance of his duties for failing to register in his Notarial Register the affidavit-complaints.

HELD:

Yes. After a close review of the records of this case, the court resolved to adopt the findings of facts and conclusion of law by the Office of the Bar Confidant. They found that Atty. Pascua guilty of misconduct in the performance of his duties for failing to register in his Notarial Register the affidavit-complaints of Joseph B. Acorda and Remigio B. Domingo. Misconduct generally means wrongful, improper or unlawful conduct motivated by a premeditated, obstinate or intentional purpose. Atty. Pascua claims that the omission was not intentional but due to oversight of his staff. Whichever is the case, Atty. Pascua cannot escape liability. His failure to enter into his notarial register the documents that he admittedly notarized is a dereliction of duty on his part as a notary public and he is bound by the acts of his staff. Under the notarial law, the notary public shall enter in such register, in chronological order, the nature of each instrument executed, sworn to, or acknowledged before him, the person executing, swearing to, or acknowledging the instrument. Failure of the notary to make the proper entry or entries in his notarial register touching his notarial acts in the manner required by law is a ground for revocation of his commission. In the present case, considering that this is Atty. Pascua’s first offense, court believed that the imposition of a three-month suspension from the practice of law upon him is in order. Likewise, since his offense is a ground for revocation of notarial commission, the same should also be imposed upon him.

DECISION:

WHEREFORE, Atty. Edwin Pascua is declared GUILTY of misconduct and is SUSPENDED from the practice of law for three (3) months with a STERN WARNING that a repetition of the same or similar act will be dealt with more severely. His notarial commission, if still existing, is ordered REVOKED.