Violation of notarial law - A.C. No. 7241

A.C. No. 7241

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RULING

The findings and recommendations of the IBP are well taken.

There is no question as to respondent's guilt. The records sufficiently established that Atty. Linco was already dead when respondent notarized the deed of donation on July 30, 2003. Respondent likewise admitted that he knew that Atty. Linco died a day before he notarized the deed of donation. We take note that respondent notarized the document after the lapse of more than 20 days from July 8, 2003, when he was allegedly asked to notarize the deed of donation. The sufficient lapse of time from the time he last saw Atty. Linco should have put him on guard and deterred him from proceeding with the notarization of the deed of donation.

However, respondent chose to ignore the basics of notarial procedure in order to accommodate the alleged need of a colleague. The fact that respondent previously appeared before him in person does not justify his act of notarizing the deed of donation, considering the affiant's absence on the very day the document was notarized. In the notarial acknowledgment of the deed of donation, respondent attested that Atty. Linco personally came and appeared before him on July 30, 2003. Yet obviously, Atty. Linco could not have appeared before him on July 30, 2003, because the latter died on July 29, 2003. Clearly, respondent made a false statement and violated Rule 10.01 of the Code of Professional Responsibility and his oath as a lawyer.

We will reiterate that faithful observance and utmost respect of the legal solemnity of the oath in an acknowledgment or jurat is sacrosanct.14 Respondent should not notarize a document unless the persons who signed the same are the very same persons who executed and personally appeared before him to attest to the contents and truth of what are stated therein.15

Time and again, we have repeatedly reminded notaries public of the importance attached to the act of notarization. Notarization is not an empty, meaningless, routinary act. It is invested with substantive public interest, such that only those who are qualified or authorized may act as notaries public. Notarization converts a private document into a public document; thus, making that document admissible in evidence without further proof of its authenticity. A notarial document is by law entitled to full faith and credit upon its face. Courts, administrative agencies and the public at large must be able to rely upon the acknowledgment executed by a notary public and appended to a private instrument.16

For this reason, notaries public must observe with utmost care the basic requirements in the performance of their duties. Otherwise, the confidence of the public in the integrity of this form of conveyance would be undermined.17 Hence, again, a notary public should not notarize a document unless the persons who signed the same are the very same persons who executed and personally appeared before him to attest to the contents and truth of what are stated therein.
This responsibility is more pronounced when the notary public is a lawyer. A graver responsibility is placed upon him by reason of his solemn oath to obey the laws and to do no falsehood or consent to the doing of any. He is mandated to the sacred duties appertaining to his office, such duties, being dictated by public policy and impressed with public interest.18 Respondent's failure to perform his duty as a notary public resulted not only in damaging complainant's rights over the property subject of the donation but also in undermining the integrity of a notary public. He should, therefore, be held liable for his acts, not only as a notary public but also as a lawyer.

In Lanuzo v. Atty. Bongon,19 respondent having failed to discharge his duties as a notary public, the revocation of his notarial commission, disqualification from being commissioned as a notary public for a period of two years and suspension from the practice of law for one year were imposed. We deem it proper to impose the same penalty.


WHEREFORE, for breach of the Notarial Law and Code of Professional Responsibility, the notarial commission of respondent ATTY. JIMMY D. LACEBAL, is REVOKED. He is DISQUALIFIED from reappointment as Notary Public for a period of two years. He is also SUSPENDED from the practice of law for a period of one year, effective immediately. He is further WARNED that a repetition of the same or similar acts shall be dealt with more severely. He is DIRECTED to report the date of receipt of this Decision in order to determine when his suspension shall take effect.

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