(Castelo v. Atty. Ching
(Castelo v. Atty. Ching
(Castelo v. Atty. Ching
Ching
A.C. No. 11165; February 6, 2017
Digested by: Napiza, Jose Miguel M. (2017400033)
Doctrine: A notarized document is entitled to full faith and credit upon its face. Thus,
a notary public should observe utmost care in performing his duties to preserve public
confidence in the integrity of notarized documents
Ponente: Caguioa, J.
Petitioner: Orlando Castelo
Respondent: Atty. Ronald Ching
FACTS:
Orlando Castello, et al received summons from Metropolitan Trial Court, Branch 22
for an ejectment case filed against them by Leonida Delen and Spouses Nestor and
Jesiebel Delen alleged owner of the residence of the Castellos. Upon verifying, the
Castellos discovered that the property in contention was actually named previously
from Castello heirs parents but was cancelled in favor of the Delens by virtue of a
Deed of Absolute Sale. Irregularities were present in the execution and authorization
of the Deed of Absolute Sale. With their discovery, the Castello heirs filed with IBP
an administrative case against Atty. Ching on the lawyer’s gross negligence in
notarizing the Deed. After due proceedings, Commissioner Eduardo Robles rendered
a report and recommendation finding Atty. CHing guilty of gross negligence in
notarizing the Deed. The IBP on the other hand adopted and approved the
recommendation with modification.
ISSUE:
Whether or not Atty. Ching was guilty of gross negligence in notarizing the Deed.
RULING:
The Supreme Court affirmed Commissioner Robles’ observation. Giving Atty. Ching
the benefit of the doubt, the court cannot skip to notice the fact that Atty. Ching still
failed in insuring the necessary requirements as regards those which were supposed to
be entered in the notarial books. This also meant that Atty. Ching failed to secure
properly his instruments, so that persons would not have opportunity to forge
notarizing documents with his signature affixed therein. With there facts taken into
considerations, the SC found Atty. Ching guilty of gross negligence in notarizing
Deed.