G.R. No. A.C. No. 12798, February 03, 2021
RE: ORDER DATED JANUARY 7, 2020 OF JUDGE IGNACIO I. ALAJAR SUSPENDING ATTY. ELY F. AZARRAGA’S NOTARIAL COMMISSION FOR ONE (1) YEAR.

FACTS

On May 8, 2019, a Petition for Issuance of Second Owner’s Copy of a Transfer Certificate of Title was filed with the Regional Trial Court (RTC) of Roxas City. The petition was signed by Atty. Ely F. Azarraga, Jr. (respondent) on behalf of Brenda Natividad, represented by her Attorney-in-Fact Aida Palomar Dela Cruz. Attached to the petition were a Special Power of Attorney (SPA) and an Affidavit of Loss, both allegedly executed by Brenda. Respondent notarized the Verification of the Petition and the SPA with the annotation “AFFIANT PERSONALLY KNOWN TO ME” and notarized the Affidavit of Loss, all without requiring Brenda to present any competent evidence of identity. An Opposition was later filed by Lucien Natividad, who claimed possession of the original title and attached affidavits from Brenda and her former husband, Joselito Natividad, stating that they did not sign the petition or the SPA, that the signatures were not theirs, and that the title was not lost. The RTC dismissed the petition and ordered respondent to show cause why his notarial commission should not be revoked for notarizing the documents without requiring proper identification. In his compliance, respondent apologized, called the incident an oversight, and stated he relied on the assurance of Dela Cruz. The Executive Judge of the RTC, in an Order dated January 7, 2020, suspended respondent’s notarial commission for one year for violating the 2004 Rules on Notarial Practice. Respondent filed a Petition for Review before the Supreme Court, admitting the factual circumstances, apologizing, and pleading for a reduced penalty citing his first offense since 2001 and his family’s medical and financial hardships. The Office of the Bar Confidant recommended affirming the suspension, revoking his notarial commission, disqualifying him for one year, and additionally suspending him from the practice of law for six months.

ISSUE

Whether Atty. Ely F. Azarraga, Jr. should be held administratively liable for violating the 2004 Rules on Notarial Practice and the Code of Professional Responsibility.

RULING

Yes. The Supreme Court found respondent guilty of violating the 2004 Rules on Notarial Practice, specifically Section 1(b)(7) and Section 1, Rule II, for failing to require the presence of the principal and competent evidence of identity at the time of the notarial act. He also violated Canon 1, Rule 1.01 (prohibiting unlawful, dishonest, immoral, or deceitful conduct) and Canon 10, Rule 10.01 (requiring lawyers to observe candor, fairness, and good faith) of the Code of Professional Responsibility. The Court affirmed the revocation of his incumbent notarial commission and his disqualification from being commissioned as a notary public for one year. It also imposed a six-month suspension from the practice of law. The Court considered mitigating factors such as his partial service of the one-year suspension, his first offense since 2001, his admission of guilt and remorse, and his personal circumstances for humanitarian and equitable considerations, which warranted a reduction from the standard two-year disqualification period. He was sternly warned that repetition would be dealt with more severely.