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    Aquino vs. Pascua

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    Arshie Mae Uy Ricalde
    Father Aquino filed a complaint against Atty. Pascua, a notary public, alleging that he falsified documents. Specifically, Atty. Pascua claimed to have notarized two affidavits on December 10, 1998, but the court clerk certified that those document numbers did not appear in Pascua's notarial register and the last entry was made on December 28, 1998. Pascua admitted notarizing the documents but claimed his secretary overlooked recording them. The court ruled Pascua guilty of misconduct for falsifying notarized documents, suspended him from practice for 3 months, and revoked his notarial commission.

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    Aquino vs. Pascua

    Uploaded by

    Arshie Mae Uy Ricalde
    14 views2 pages
    Father Aquino filed a complaint against Atty. Pascua, a notary public, alleging that he falsified documents. Specifically, Atty. Pascua claimed to have notarized two affidavits on December 10, 1998, but the court clerk certified that those document numbers did not appear in Pascua's notarial register and the last entry was made on December 28, 1998. Pascua admitted notarizing the documents but claimed his secretary overlooked recording them. The court ruled Pascua guilty of misconduct for falsifying notarized documents, suspended him from practice for 3 months, and revoked his notarial commission.

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    Father Aquino filed a complaint against Atty. Pascua, a notary public, alleging that he falsified documents. Specifically, Atty. Pascua claimed to have notarized two affidavits on December 10, 1998, but the court clerk certified that those document numbers did not appear in Pascua's notarial register and the last entry was made on December 28, 1998. Pascua admitted notarizing the documents but claimed his secretary overlooked recording them. The court ruled Pascua guilty of misconduct for falsifying notarized documents, suspended him from practice for 3 months, and revoked his notarial commission.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    14 views2 pages

    Aquino vs. Pascua

    Uploaded by

    Arshie Mae Uy Ricalde
    Father Aquino filed a complaint against Atty. Pascua, a notary public, alleging that he falsified documents. Specifically, Atty. Pascua claimed to have notarized two affidavits on December 10, 1998, but the court clerk certified that those document numbers did not appear in Pascua's notarial register and the last entry was made on December 28, 1998. Pascua admitted notarizing the documents but claimed his secretary overlooked recording them. The court ruled Pascua guilty of misconduct for falsifying notarized documents, suspended him from practice for 3 months, and revoked his notarial commission.

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    © All Rights Reserved
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    of 2

    FATHER RANHILIO C. AQUINO, LINA M. GARAN, ESTRELLA C.

    LOZADA,
    POLICARPIO L. MABBORANG, DEXTER R. MUNAR, MONICO U. TENEDRO,
    ANDY R. QUEBRAL, NESTOR T. RIVERA, EDUARDO C. RICAMORA, ARTHUR G.
    IBAÑEZ, AURELIO C. CALDEZ and DENU A. AGATEP, complainants,
    vs.
    ATTY. EDWIN PASCUA, respondent.
    A.C. No. 5095 November 28, 2007
    SANDOVAL-GUTIERREZ, J.:

    FACTS:
    This case is a resolution of a letter-complaint dated August 3, 1999, of Father Ranhilio C.
    Aquino, then Academic Head of the Philippine Judicial Academy, joined by Lina M. Garan and
    the other above-named complainants, against Atty. Edwin Pascua, a Notary Public in Cagayan.
    In his letter-complaint, Father Aquino alleged that Atty. Pascua falsified two documents
    committed as follows:
    (1) He made it appear that he had notarized the "Affidavit-Complaint" of one Joseph B. Acorda
    entering the same as "Doc. No. 1213, Page No. 243, Book III, Series of 1998, dated December
    10, 1998".
    (2) He also made it appear that he had notarized the "Affidavit-Complaint" of one Remigio B.
    Domingo entering the same as "Doc. No. 1214, Page 243, Book III, Series of 1998, dated
    December 10, 1998.
    Father Aquino further alleged that on June 23 and July 26, 1999, Atty. Angel Beltran, Clerk of
    Court, Regional Trial Court, Tuguegarao, certified that none of the above entries appear in the
    Notarial Register of Atty. Pascua; that the last entry therein was Document No. 1200 executed on
    December 28, 1998; and that, therefore, he could not have notarized Documents Nos. 1213 and
    1214 on December 10, 1998.
    In his comment on the letter-complaint dated September 4, 1999, the respondent admitted having
    notarized two (2) documents on December 10, 1998 to the reason that his legal secretary, Lyn
    Elsie C. Patli oversight it.
    Then an affidavit-complaints were filed by Atty. Pascua referred to in the notarized documents
    with the Civil Service Commission. Impleaded as respondents therein were Lina M. Garan and
    the other above-named complainants. They filed with this Court a "Motion to Join the Complaint
    and Reply to Respondent's Comment." They maintain that Atty. Pascua's omission was not due to
    inadvertence but a clear case of falsification. On November 16, 1999, the court granted their
    motion.
    ISSUE:
    Whether or not Atty. Edwin Pascua is guilty of any misconduct by falsification of notarized
    documents.

    RULING.
    Yes. As a lawyer commissioned to be a notary public, Atty. Pascua is mandated to subscribe to
    the sacred duties appertaining to his office, such duties being dictated by public policy and
    impressed with public interest.
    Clearly, that the failure of the notary to make the proper entry or entries in his notarial register
    touching his notarial acts in the manner required by law is a ground for revocation of his
    commission and claiming that the omission was not intentional but due to oversight of his staff
    cannot escaped him from being liable of his behavior.
    Hence, Atty. Edwin Pascua is declared GUILTY of misconduct and is SUSPENDED from the
    practice of law for three (3) months with a STERN WARNING that a repetition of the same or
    similar act will be dealt with more severely. His notarial commission, if still existing, is ordered
    REVOKED.

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