G.R. No. A.C. No. 11478, November 26, 2024
Spouses Andre and Ma. Fatima Chambon, Complainants, vs. Atty. Christopher S. Ruiz, Respondent.

FACTS

In a Decision dated September 5, 2017, Atty. Christopher S. Ruiz (respondent) was found guilty of violating the 2004 Rules on Notarial Practice. The complaint stemmed from his notarization of a Notice of Loss/Affidavit of Loss and a Release of Mortgage in Cebu City without requiring competent evidence of identity from the executors and without the consent or knowledge of the supposed executors of the Release of Mortgage. Entries in his Notarial Register for the Notice of Loss/Affidavit of Loss were not properly accomplished, with the jurat left incomplete and other required details unfilled, violating Rule VI, Section 2 of the 2004 Rules on Notarial Practice. Regarding the Release of Mortgage, respondent denied notarizing it, but the Court found similarities to his signature and seal from the other document. He also admitted that incorrect entries in his Notarial Register were due to his secretary’s inadvertence. The Court suspended him from the practice of law for one year and perpetually disqualified him from being commissioned as a notary public, effective immediately, deeming his acts negligent and dishonest. His suspension commenced on October 9, 2017, and expired on October 9, 2018. A Resolution dated August 14, 2019, lifted his suspension from law practice but maintained the perpetual disqualification from notarial commission. On August 11, 2022, respondent filed a Petition for Judicial Clemency, praying for the recall of his perpetual disqualification, claiming remorse and citing social/civic works and recognitions. The Office of the Bar Confidant (OBC) recommended denial, noting respondent admitted committing the offense to accommodate a fellow lawyer, shifted blame to his secretary, and violated his suspension by acting as a legal consultant from May 2014 to December 2018, which constituted practice of law during his suspension period.

ISSUE

Whether the Petition for Judicial Clemency filed by Atty. Christopher S. Ruiz should be granted, thereby recalling the order of his perpetual disqualification from being commissioned as a notary public.

RULING

The Court GRANTS the Petition. Applying the judicial clemency guidelines from Nuñez v. Ricafort, which refine those in Re: Diaz, the Court evaluates petitions for clemency based on criteria including compliance with disciplinary orders, recognition of misconduct, and demonstration of integrity and competence. The Court found that respondent has shown remorse and rehabilitation through his civic engagements and certifications. The OBC’s report, while highlighting violations, was considered in light of the overarching purpose of clemency to allow reformation. The Court determined that respondent’s actions post-discipline, including his community involvement, indicate a positive reformation. Consequently, the order of perpetual disqualification from being commissioned as a notary public is recalled, subject to standard application procedures for a notarial commission.