ARLENE VILLAFLORES-PUZA, Complainant vs. ATTY. ROLANDO B. ARELLANO, Respondent
FACTS
Complainant Arlene Villaflores-Puza was the defendant in a case for declaration of nullity of marriage filed by her husband, Ernesto Puza, who was represented by respondent Atty. Rolando B. Arellano. On July 21, 2005, Puza, through respondent, filed a formal offer of evidence which included affidavits of witnesses notarized by Atty. Arellano himself. These affidavits indicated that he was commissioned as a notary public in Mandaluyong City.
The complainant, however, discovered that the respondent had no such commission. She attached a Certification from the Office of the Clerk of Court of the Regional Trial Court (RTC) of Mandaluyong City, attesting that from January 1998 until August 2005, Atty. Arellano was never issued a notarial commission in said city. This formed the basis of her complaint for gross misconduct.
ISSUE
Whether respondent Atty. Rolando B. Arellano should be held administratively liable for notarizing documents without a valid notarial commission and for his failure to participate in the disciplinary proceedings.
RULING
Yes, the respondent is administratively liable. The Supreme Court affirmed the findings of the Integrated Bar of the Philippines Board of Governors (IBP-BOG) but modified the penalty. The Court emphasized that notarization is invested with substantive public interest, converting a private document into a public document entitled to full faith and credit. Only those duly commissioned may perform notarial acts within the territorial jurisdiction of the commissioning court.
It was sufficiently established that respondent notarized affidavits without a valid commission, as certified by the RTC of Mandaluyong City. This act constitutes gross misconduct, a violation of his professional duties. Furthermore, the respondent exhibited contempt for the disciplinary process by failing to answer the complaint, comply with orders, or attend scheduled hearings despite due notice. His non-cooperation with the IBP, the Court-designated investigator, warranted a severe penalty.
Accordingly, the Court suspended Atty. Rolando B. Arellano from the practice of law for three (3) years. Additionally, due to his deliberate misconduct which rendered him unfit to perform the sacred duties of a notary public, he was PERMANENTLY DISQUALIFIED from being commissioned as a Notary Public anywhere in the Philippines. The decision is immediately executory.
