This case has been cited 2 times or more.
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2004-07-30 |
PANGANIBAN, J. |
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| In addition, the disqualification argument in the Affidavit of Publication raised by petitioners no longer holds water, inasmuch as Act 496[115] has repealed the Spanish Notarial Law.[116] In the same vein, their engagement of their counsel in another capacity concurrent with the practice of law is not prohibited, so long as the roles being assumed by such counsel is made clear to the client.[117] The only reason for this clarification requirement is that certain ethical considerations operative in one profession may not be so in the other.[118] | |||||
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2000-03-07 |
DAVIDE JR., C.J. |
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| Private respondents contend that there was violation of the Notarial Law because the lawyer who prepared and notarized the document was AZNAR's representative in the execution of the said document. Under Section 22 of the Spanish Notarial Law of 1889, a notary public could not authenticate a contract which contained provisions in his favor or to which any of the parties interested is a relative of his within the fourth civil degree or second degree of affinity; otherwise, pursuant to Section 28 thereof, the document would not have any effect. This rule on notarial disqualification no longer holds true with the enactment of Act No. 496, which repealed the Spanish Notarial Law.[25] Under the Notarial Law in force at the time of the notarization of the questioned deed, Chapter 11 of the Revised Administrative Code, only those who had been convicted of any crime involving moral turpitude were disqualified to notarize documents. Thus, a representative of a person in whose favor a contract was executed was not necessarily so disqualified. Besides, there is no proof that Atty. Ramon Igaña was a representative of petitioner in 1964; what appears on record is that he was the Chief of the petitioner's Legal Department in 1993. Additionally, this alleged violation of the Notarial Law was raised only now. | |||||