Santiago Vs Rafanan
Santiago Vs Rafanan
RAFANAN
A.C. NO. 6252, October 5, 2004, THIRD DIVISION, (Panganiban, J.)
FACTS:
Santiago filed a complaint against Atty. Rafanan alleging that in notarizing several
documents on different dates he failed or/and refused to: (a) make proper notation regarding the
cedula or community tax certificate of the affiants; (b) enter the details of the notarized
documents in the notarial register, and (c) make and execute the certification and enter his PTR
and IBP numbers in the documents he had notarized.
Rafanan admitted to having administered the oath to affiants whose Affidavits were
attached to the verified Complaint. However, he believed that the non-notation of their
Residence Certificates in the Affidavits and the Counter-Affidavits was allowed. He opined that
the notation of the residence certificates applied only to documents acknowledged by a notary
public and was not mandatory for affidavits related to cases pending before the courts and other
government agencies.
ISSUE:
Whether or not Atty. Edison V. Rafanan is liable for malpractice or other gross
misconduct in office?
HELD:
Yes. It is clear from the pleadings before us – and respondent has readily admitted – that
he violated the Notarial Law by failing to enter the documents notations of the residence
certificate, as well as the entry number and the pages of the notarial registry.
Where notaries public are lawyers, a graver responsibility is placed upon them by reason
of their solemn oath to obey the laws. No custom or age-old practice provides sufficient excuse
or justification for their failure to adhere to the provisions of the law. In this case, the excuse
given by respondent exhibited clear ignorance of the Notarial Law, the Rules of Criminal
Procedure, and the importance of his office as a notary public.
WHEREFORE, Atty. Edison V. Rafanan is found guilty of violating the Notarial Law
and Canon 5 of the Code of Professional Responsibility and is hereby fined P3,000 with a
warning that similar infractions in the future will be dealt with more severely.