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MELANIO L. ZORETA v. ATTY. HEHERSON ALNOR G. SIMPLICIANO

FACTS:

The complaint for disbarment was filed against Atty. Heherson Alnor G. Simpliciano, counsel for Security Pacific Assurance Corporation (SPAC), for allegedly notarizing several documents in 2002 after his commission as a notary public had expired. Complainant Melanio L. Zoreta presented evidence in the form of various documents notarized by Atty. Simpliciano, such as verifications, affidavits, and affidavits of service, all bearing the alleged seal and signature as a "Notary Public" in Quezon City. The Integrated Bar of the Philippines (IBP) required Atty. Simpliciano to submit his answer within fifteen days but his counsel filed an ex-parte motion for an extension of time. The complainant filed a motion to resolve the complaint after the respondent failed to file any comment or pleading within the given time. Commissioner Lydia A. Navarro issued an order giving the respondent a last chance to file his answer, but the respondent still failed to do so. Commissioner Navarro examined the evidence submitted by the complainant, which showed that the respondent notarized several documents after the expiration of his commission. The certifications issued by the Clerk of Court of Quezon City confirmed that the respondent was not duly commissioned as a notary public for the year 2002. Commissioner Navarro recommended the revocation of the respondent's commission as a notary public and a suspension from the practice of law for three months. The Board of Governors modified the recommended suspension to six months.

ISSUES:

  1. Whether or not respondent Atty. Simpliciano notarized several documents after his commission as notary public had expired.

  2. Whether or not the notarization of documents without a valid commission amounts to misconduct as a member of the legal profession.

RULING:

  1. Yes, respondent Atty. Simpliciano notarized several documents after his commission as notary public had expired.

  2. Yes, the notarization of documents without a valid commission amounts to misconduct as a member of the legal profession.

PRINCIPLES:

  • Notarization of documents requires a valid commission as a notary public.

  • Notarizing documents without a valid commission is a violation of the Notarial Law and amounts to gross misconduct as a member of the legal profession.