A.C. No. 12196 - PABLITO L. MIRANDA, JR., COMPLAINANT, VS. ATTY. JOSE B. ALVAREZ, SR..D E C I S I O N - Supreme Court E-Library

Ruling

accordingly, recommended that respondent's notarial commission, if existing, be revoked, that he be barred perpetually as a notary public, and that he be suspended from the practice of law for a period of two (2) years from notice, with a warning that any infraction of the canons or provisions of law in the future shall be dealt with more severely. [28] In particular, the IBP-IC found that: (a) respondent's three (3) notarial offices, including his residence, are all within the jurisdiction of San Pedro, Laguna, whereas his notarial commission existing in 2010 was not issued by the RTC-San Pedro but by the RTC-Biñan; (b) respondent notarized an Affidavit of Death Benefit Claim and Amante's Application for Business Permit in his notarial offices in San Pedro, Laguna which is outside his notarial jurisdiction; and (c) respondent notarized the Application for Business Permit even though it bore a fictitious address and lacked details regarding the signatory's competent evidence of identity, thus causing it to appear that persons have participated in an act or proceeding when they did not in fact so participate. To the IBP-IC, these facts, taken together, clearly show that respondent violated his oath of office and his duty as a lawyer, and committed unethical behavior as a notary public, for which he should be held administratively liable. [29] In a Resolution [30] dated May 11, 2013 (1 st Resolution), the IBP Board of Governors adopted and approved the above report and recommendation of the IBP-IC with modification, reducing the recommended penalty of suspension to one (1) year, instead of two (2) years. Dissatisfied, respondent filed a motion for reconsideration, [31] arguing that he maintains only one (1) notarial office which is located at 888 Lucky Gem. Bldg., Brgy. San Antonio, Biñan, Laguna, where he, together with one Atty. Edgardo Salandanan (Atty. Salandanan) as Senior Partner, has been holding office and conducting all his notarial works for several years. He added that the office in San Pedro, Laguna is managed and owned by his son, Atty. Jose L. Alvarez, Jr. [32] In his Comment, [33] complainant reiterated his allegations against respondent and insisted that the latter be disbarred. In a Resolution [34] dated May 4, 2014 (2 nd Resolution), the IBP Board of Governors partially granted respondent's motion, and accordingly, modified the 1 st Resolution by deleting the penalty of suspension "considering that [r]espondent's violation relates to the Notarial Law." [35] This time it was complainant who moved for reconsideration, [36] seeking, respondent's disbarment. Notably, in his motion, complainant further pointed out that, as per the Certification [37] dated May 7, 2015 issued by the Office of the Bar Confidant (OBC), respondent "has been suspended from the practice of law for five (5) months x x x effective upon receipt of the Resolution of the Court dated December 04, 2000 in G.R. No. 126025 x x x and re-docketed as an Administrative Ca