484 Phil. 626
AUSTRIA-MARTINEZ, J.:
In addition to failing to obey the pertinent portions of the notarial law quoted above, the respondent also violated his lawyer’s oath to, inter alia, do no falsehood or consent to the doing of the same.He then recommended that:
The respondent admits that although See Chua-Gokioco signed and subscribed the civil complaint at an earlier date, the said respondent only entered the fact of the signing and subscribing of the said complaint much later, that is, on the date of the filing of the said civil complaint.
The respondent reasons that he delayed the filing of the civil complaint against the herein complainant and her family because he wanted to make sure that the parties had the opportunity to amicably settle the issues raised in the civil complaint.
It would have been a simple matter for the respondent to exercise a little circumspection by ascertaining from Eustaquio and See Chua-Gokioco if any settlement was agreed on between Eustaquio and See Chua-Gokioco on one hand, and the herein complainant and her family upon the other, prior to the institution of the civil complaint in question. In doing so, the respondent would have found out that See Chua-Gokioco had died.
The respondent’s arguments to the effect that his office was 70 kilometers away from his clients’ residence and that his office did not have a telephone are of no moment. The respondent had the duty to determine whether or not to file the civil complaint in question and he should have exhausted all possible means to communicate with his clients.
Furthermore, the respondent’s act of making it appear that See Chua-Gokioco verified the civil complaint on the date of its filing, when in fact she did not, means that the respondent effectively notarized a document when the affiant was absent. In other words, the affiant did not sign or subscribe to the said civil complaint in the presence of the notary public on the date stated in the civil complaint, because on the date stated the affiant was dead or otherwise absent.
…
There is no question therefore that the respondent is liable for his misconduct as follows:(1) the respondent neglected or otherwise failed to enter in his notarial register the true date when See Chua-Gokioco signed the verification portion of the civil complaint against Alice Gokioco, her husband Mariano Gokioco, and their daughter Jennifer Gokioco;The undersigned commissioner, however, is of the opinion that the respondent’s misconduct while serious, is not so gross as to merit disbarment or suspension. From the record, it appears that the Presiding Judge of RTC Rizal, Branch 79, rather than citing the respondent’s misconduct ordered the civil complaint amended.
(2) the respondent neglected or otherwise failed to contact his clients prior to the filing of the said civil complaint in order to ascertain if his clients wanted to proceed with the filing of the same; and,
(3) the respondent violated his lawyer’s oath to obey the laws and do no falsehood when he made it appear that See Chua-Gokioco personally signed and executed the civil complaint in question on the date stated in the said civil complaint in his presence, when in fact she was already dead on the said date or was otherwise not physically present.
The damage that was caused to the legal system, to the respondent’s clients; to Alice Gokioco, her husband Mariano Gokioco, and their daughter Jennifer Gokioco because of the respondent’s misconduct was minimal or was otherwise contained by the amendment of the civil complaint in question.
Furthermore, the damage that may have been caused by the respondent’s misconduct is mitigated by the fact that the respondent had no dishonest or selfish motive in notarizing the civil complaint despite the fact that the affiant was absent on the date of its alleged notarization.[4]
…respondent be reprimanded and warned that any future misconduct on his part will warrant the imposition of a greater penalty.[5]On February 27, 2004, the Board of Governors of the IBP passed a resolution as follows:
While we agree with the findings of the IBP, we find that the penalty of reprimand is not commensurate to the misconduct committed by respondent.RESOLUTION NO. XVI-2004-50
Adm. Case No. 4179
Alice Gokioco vs.
Atty. Rafael P. Mateo
RESOLVED to ADOPT and APPROVE, as it is hereby ADOPTED and APPROVED, the Report and Recommendation of the Investigating Commissioner of the above-entitled case… and, finding the recommendation fully supported by the evidence on record and the applicable laws and rules, and considering that respondent had no dishonest or selfish motive in notarizing the civil complaint despite the fact that the affiant was absent on the date of its alleged notarization, Atty. Rafael P. Mateo is hereby REPRIMANDED and WARNED that any future misconduct on his part will warrant the imposition of a greater penalty.[6]
A lawyer shall not do any falsehood, nor consent to the doing of any in court; nor shall he mislead or allow the court to be misled by any artifice.The Notarial Law, as provided for in Title IV, Chapter II, Revised Administrative Code, also states that:
Sec. 245. Notarial Register – Every notary public shall keep a register to be known as the notarial register, wherein record shall be made of all his official acts as notary…It cannot be stressed enough that notaries public should be truthful in carrying out their functions. They must observe with the highest degree of care the basic requirements in the performance of their duties in order to preserve the confidence of the public in the integrity of the notarial system. Courts, agencies and the public at large must be able to rely upon the acknowledgment executed by notaries public appended to instruments.[8] Their functions should not be trivialized and they must discharge their powers and duties which are impressed with public interest, with accuracy and fidelity.[9] With the eroding faith of the public in the integrity of public documents, this Court will exhort all the more the notaries public to be more circumspect in the discharge of their duties.[10]
Sec. 246. Matters to be entered therein. The notary public shall enter in such register, in chronological order, the nature of each instrument executed, sworn to, or acknowledging the instrument, the witnesses, if any, to the signature, the date of execution, oath, or acknowledgment of the instrument, the fees collected by him for his services as notary in connection therewith, and, when the instrument is a contract, he shall keep a correct copy thereof as part of his records, and shall likewise enter in said records a brief description of the substance thereof and shall give to each entry a consecutive number, beginning with number one in each calendar year. The notary shall give to each instrument executed, sworn to, or acknowledged before him a number corresponding to the one in his register, and shall also state on the instrument the page or pages of his register on which the same is recorded. No blank line shall be left between entries. (Emphasis supplied)
Sec. 249. Grounds for revocation of commission. --- The following derelictions of duty on the part of a notary public shall, in the discretion of the proper judge of first instance, be sufficient ground for the revocation of his commission:While we agree with the observation of the IBP that there was no proof that respondent had any dishonest or selfish motive in notarizing the civil complaint despite the fact that the affiant was absent on the date of its alleged notarization, we do not agree however that Atty. Mateo’s conduct deserves a mere reprimand.
(a) The failure of the notary to keep a notarial register.
(b) The 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. (c) The failure of the notary to send the copy of the entries to the proper clerk of Court of First Instance within the first ten days of the month next following. (d) The failure of the notary to affix to acknowledgments the date of expiration of his commission, as required by law. (e) The failure of the notary to forward his notarial register, when filled, to the proper clerk of court. (f) The failure of the notary to make the proper notation regarding cedula certificates. (g) The failure of a notary to make report, within a reasonable time, to the proper judge of first instance concerning the performance of his duties, as may be required by such judge. (h) Any other dereliction or act which shall appear to the judge to constitute good cause for removal. (Emphasis supplied)