In re: Santos M. Rivera Estrella
2025 TSPR 59
Supreme Court of Puerto Rico2025Background
- Santos M. Rivera Estrella has practiced law since 1983 and served as a notary since 1984 in Puerto Rico.
- The Office of Notarial Inspection (ODIN) initiated an inspection of Rivera Estrella's notarial work for the years 2017 to 2022, uncovering numerous deficiencies.
- Despite multiple notifications and extensions, Rivera Estrella repeatedly failed to remedy deficiencies, which included issues in public instruments’ authorization, omitted mandatory information, unratified documents, and unresolved fiscal matters.
- ODIN reported ongoing noncompliance and recommended immediate suspension, incautation of notarial work, and further remedies.
- Rivera Estrella claimed health problems and offered partial compliance but failed to meet deadlines or fully resolve the outlined issues.
- The Supreme Court of Puerto Rico ordered the immediate and indefinite suspension of Rivera Estrella from notarial practice and imposed requirements for client notifications, return of fees, and accountability to the court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to comply with ODIN’s requirements | ODIN: Rivera Estrella repeatedly ignored official inspections and deadlines. | Rivera Estrella: Claimed health issues, partial efforts, requested more time. | Suspension justified due to pattern of neglect and noncompliance. |
| Deficiencies in notarial protocols and records | ODIN cited significant unresolved omissions/errors in notarial acts and registers. | Admitted some omissions, attempted minimal corrections. | Court found deficiencies uncorrected; upheld ODIN’s findings. |
| Failure to respond to court/ODIN orders | ODIN: Rivera Estrella failed to respond within court-ordered deadlines. | Rivera Estrella: No substantial defense or timely explanation filed. | Non-responsiveness viewed as disregard for court authority; supported suspension. |
| Compliance with ethical and professional duties | ODIN: Rivera Estrella violated Canon 9 by showing disrespect for oversight. | Rivera Estrella: Provided no substantive dispute to ethical violation. | Court confirmed breach of professional conduct and ordered suspension. |
Key Cases Cited
- In re Pérez Fernández, 213 DPR 950 (P.R. 2024) (Reiterating duty of diligence in response to ODIN and court orders)
- In re Malavé León, 211 DPR 971 (P.R. 2023) (Failure to correct notarial deficiencies constitutes ethical breach)
- In re García Suárez, 213 DPR 1031 (P.R. 2024) (ODIN's requirements are analogous to court orders and must be respected)