G.R. No. A.C. No. 12912, January 18, 2021
Dolores De Vera, Complainant, vs. Atty. Cenon J. Navarro, Respondent.

FACTS

Complainant Dolores De Vera engaged the services of respondent Atty. Cenon J. Navarro to prepare and notarize an “Affidavit of Acknowledgment and Use of Surname” executed by her husband, Manuel De Vera, Jr., on August 7, 2007. The purpose was to allow their daughter, Donna Belle, to use the father’s surname, as her birth certificate initially used the mother’s maiden name “Angeles” because her parents were unmarried at the time of her birth. In 2016, when Donna Belle needed a certified true copy of this Affidavit from the Archive Office for employment abroad, a Certification from the Office of the Clerk of Court of the Regional Trial Court of Malolos City, Bulacan, revealed that the document was not included in the notarial report submitted by Atty. Navarro for August 2007. Dolores filed an administrative complaint. Atty. Navarro denied notarizing the Affidavit, claimed the signature was forged, and alleged conspiracy. The Integrated Bar of the Philippines (IBP) found his defense not credible, noting the Affidavit bore his notarial seal and details, and that he had offered financial assistance to Dolores during mediation.

ISSUE

Whether grounds exist to hold Atty. Cenon J. Navarro administratively liable for violating the 2004 Rules on Notarial Practice.

RULING

Yes, Atty. Navarro is administratively liable. The Court found that the Affidavit, bearing his notarial seal and signature, was a notarized document but was not recorded in his notarial register as required by Rule VI of the 2004 Rules on Notarial Practice. This failure to record the document in the notarial register constitutes a violation of his duties as a notary public, undermining the public confidence in notarized instruments. The penalty imposed is SUSPENSION from the practice of law for six (6) months, REVOCATION of his notarial commission (if any), and DISQUALIFICATION from being commissioned as a notary public for two (2) years.