SC suspends Cebu lawyer for failing to notarize papers
THE Supreme Court (SC) ordered the three-month suspension of a Cebu lawyer for failing to personally notarize three documents in 2009.
His secretary was the one who certified the documents instead.
Lawyer Joselito Troy Suello was found guilty of violating the Code of Professional Responsibility, particularly for “unlawful, dishonest, immoral or deceitful conduct.” He was also barred from notarial practice for a year.
In his resolution, SC Associate Justice Marvic Leonen said Suello was negligent in keeping and maintaining his notarial register when the lawyer’s secretary certified the subject documents in his place.
“Notarial acts give private documents a badge of authenticity that the public relies on when they encounter written documents and engage in written transactions,” Leonen said.
The case stemmed from a complaint filed by Cresenciano Pitogo who discovered discrepancies between the three documents purportedly notarized by Suello and the lawyer’s entries in his notarial register.
Discrepancies
In his complaint, Pitogo said he obtained three documents from the Land Transportation Office (LTO) which appeared to be notarized by Suello.
The complainant said he wanted Suello to authenticate the documents, but the lawyer disowned them.
Suello instead requested his secretary to give Pitogo a copy of the notarial register.
Pitogo noticed some discrepancies in the three documents notarized by the lawyer and the entries of the notarial register, prompting him to file a complaint against Suello before the Integrated Bar of the Philippines.
Suello denied having notarized the three documents which Pitogo obtained from LTO.
Suello later admitted certifying the documents as true copies.
In his position paper, he said it was his secretary who certified Pitogo’s documents on August 3, 2009. The lawyer said he did not authorize his secretary to do so.
In 2012, Commissioner Hector Almeyda of the IBP’s Commission on Bar Discipline found Suello liable and ordered his suspension. The case was elevated to the High Court.
Associate Justice Leonen noted inconsistencies in Suello’s defense.
In answer to the complaint, Suello said he certified the complainant’s documents as true copies.
He later blamed his secretary but Leonen said Suello’s secretary should not be blamed for the erroneous entries in the notarial register.
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