A.C. No. 8522, October 06, 2020
Teodoro L. Cansino and Emilio L. Cansino, Jr., Complainants, vs. Atty. Victor D. Sederiosa, Respondent.

FACTS

Complainants filed a disbarment case against Atty. Victor D. Sederiosa for notarizing fictitious documents, including an Extrajudicial Settlement of Estate purportedly executed by their deceased father. The Integrated Bar of the Philippines (IBP) found him liable for violating the 2004 Rules on Notarial Practice and the Code of Professional Responsibility. The IBP Board of Governors recommended, and the Supreme Court subsequently ordered in a December 7, 2015 Resolution, a one-year suspension from law practice, revocation of his notarial commission, and a two-year disqualification from being commissioned as a notary public.
Despite this order, complainant Emilio, Jr. presented evidence that Atty. Sederiosa continued to practice law and was commissioned as a notary public for 2016-2017. He notarized an Affidavit of Loss in August 2016. Atty. Sederiosa claimed he did not officially receive the Court’s December 2015 Resolution, having only received the IBP’s 2014 resolution, to which he filed a motion for reconsideration. The Office of the Bar Confidant (OBC) verified that a registry return receipt proved his receipt of the Court’s suspension order on January 29, 2016.

ISSUE

Whether Atty. Sederiosa is administratively liable for practicing law during his suspension and for notarizing documents despite the revocation and disqualification from his notarial commission.

RULING

Yes, Atty. Sederiosa is liable. The Court found his denial of receipt of the December 2015 Resolution unpersuasive. Service by registered mail is complete upon actual receipt or after five days from the first notice if unclaimed. The registry return receipt constituted conclusive proof of service. His subsequent acts—securing a notarial commission and performing notarial acts in 2016—demonstrated willful disobedience of a lawful court order and blatant disregard for his suspension.
This misconduct constitutes a serious violation of the Attorney’s Oath and the Code of Professional Responsibility, specifically the rules on upholding the law and obeying legal orders. Engaging in notarial practice, a function imbued with public interest, while under disqualification further aggravates his offense. It erodes public confidence in the integrity of notarized documents and the legal profession. The Court modified the OBC’s recommendation. Atty. Sederiosa was suspended from the practice of law for two years, effective immediately, and permanently disqualified from being commissioned as a Notary Public. This enhanced penalty serves to protect the public and the judicial system from an individual who has shown a pattern of disregarding ethical standards and court directives.