**Revocation and Suspension of Notarial Commission and Law Practice: The Case of Atty. John Mark Tamaño**
### Facts:
This case originated from a complaint filed by Luis Alfonso R. Benedicto, the Corporate Secretary of United Cadiz Sugarcane Planters Association, Inc. (UCSPAI), against respondent Atty. John Mark M. Tamaño for notarizing UCSPAI’s General Information Sheets (GIS) for the years 2010 to 2014 without recording them in his notarial register and allegedly without the affiants’ personal appearance. The filing took place before the Office of the Executive Judge, Regional Trial Court, Bacolod City, under Adm. Case No. NP-008-17. Atty. Tamaño countered that Benedicto appeared before him to execute the 2014 GIS and admitted to signing the document in related cases, thus establishing personal appearance.
During the preliminary conference, it was stipulated that the notarized GIS were not recorded in Atty. Tamaño’s notarial books. His defense was an oversight by his office staff. The Executive Judge revoked Atty. Tamaño’s notarial commission. This decision was forwarded to the Supreme Court, where it was treated as a regular administrative case against Atty. Tamaño.
Both the Office of the Bar Confidant (OBC) and the Supreme Court found Atty. Tamaño guilty of violating the Notarial Rules and the Code of Professional Responsibility. The OBC recommended his suspension and perpetual disqualification from being commissioned as a notary public.
### Issues:
1. Did Atty. Tamaño violate the 2004 Rules on Notarial Practice by not recording notarized documents in his notarial register?
2. Is Atty. Tamaño’s delegation of the recording of notarial acts to his office staff permissible under legal and professional standards?
3. What are the appropriate sanctions for Atty. Tamaño’s violations?
### Court’s Decision:
The Supreme Court held that Atty. Tamaño violated the 2004 Rules on Notarial Practice and the Code of Professional Responsibility by not recording the notarized General Information Sheets in the notarial register and by improperly delegating this task to his office staff. The Court decided to suspend Atty. Tamaño from the practice of law for one year, revoke any incumbent notarial commission, and disqualify him from being commissioned as a notary public for two years.
### Doctrine:
The decision reiterates the paramount importance of the notarial register in authenticating documents, emphasizing that notarization is not a mere routine act but a substantive public interest that converts private documents into public ones, admissible in evidence without further proof of authenticity and due execution. Further, it underlines that notaries public must ensure accurate recording of notarized documents in their registers to maintain public confidence in the integrity of notarized deeds.
### Class Notes:
1. **Violation of Notarial Rules**: Failing to record a notarized document in the notarial register constitutes a violation of the 2004 Rules on Notarial Practice and the Code of Professional Responsibility.
2. **Personal Accountability**: Notaries public are personally accountable for all entries in their notarial register. Delegation of recording duties is not acceptable.
3. **Sanctions for Notarial Violations**: Misconduct in notarial duties can lead to suspension from law practice, revocation of the notarial commission, and disqualification from being commissioned as a notary public.
### Historical Background:
This case highlights the strict standards imposed on notaries public in the Philippines to uphold the integrity and authenticity of notarized documents, reflecting an ongoing concern of the judiciary to reinforce public confidence in notarial acts as integral to the legal system’s functioning.
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