Lawyerly

You're currently signed in as:
User

WILLIAM HECTOR MARIA v. ATTY. WILFREDO R. CORTEZ

This case has been cited 3 times or more.

	AC. No. 10783 2015-10-14	ATTY. BENIGNO T. BARTOLOME v. ATTY. CHRISTOPHER A. BASILIO PERLAS-BERNABE, J.
A notary public exercises duties calling for carefulness and faithfulness.[20] Notaries must inform themselves of the facts they certify to; most importantly, they should not take part or allow themselves to be part of illegal transactions.[21] In line with this mandate, a notary public should not notarize a document unless the person who signed the same is the very person who executed and personally appeared before him to attest to the contents and the truth of what are stated therein.[22] By failing in this regard, the notary public permits a falsehood which does not only transgress the Notarial Rules but also Rule 1.01, Canon 1 of the Code of Professional Responsibility, which provides that "[a] lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct."[23] Verily, a notarized document is, by law, entitled to full faith and credit upon its face; and it is for this reason that a notary public must observe with utmost care the basic requirements in the performance of his duties; otherwise, the public's confidence in the integrity of a notarized document would be undermined.
	AC. No. 7919 2014-10-08	DOMADO DISOMIMBA SULTAN v. ATTY. CASAN MACABANDING REYES, J.
The complainant adduced preponderant evidence that his signature was indeed forged in an affidavit which the respondent notarized and submitted to the COMELEC. Consequently, the respondent should be held administratively liable for his action. "Where the notary public is a lawyer, a graver responsibility is placed upon his shoulder by reason of his solemn oath to obey the laws and to do no falsehood or consent to the doing of any. The Code of Professional Responsibility also commands him not to engage in unlawful, dishonest, immoral or deceitful conduct and to uphold at all times the integrity and dignity of the legal profession."[29] "It should be noted that a notary public's function should not be trivialized and a notary public must discharge his powers and duties which are impressed with public interest, with accuracy and fidelity. A notary public exercises duties calling for carefulness and faithfulness. Notaries must inform themselves of the facts they certify to; most importantly, they should not take part or allow themselves to be part of illegal transactions."[30] In fact, the respondent admitted that the affidavit was notarized in his office without the presence of the complainant.[31]
	AC. No. 8761 2014-02-12	WILBERTO C. TALISIC v. ATTY. PRIMO R. RINEN REYES, J.
It must then be stressed that, "a notary public's function should not be trivialized and a notary public must discharge his powers and duties which are impressed with public interest, with accuracy and fidelity."[15] Towards this end, the Court emphasized in Bautista v. Atty. Bernabe[16] that "[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. The presence of the parties to the deed will enable the notary public to verify the genuineness of the signature of the affiant."[17]