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PACITA CAALIM-VERZONILLA v. ATTY. VICTORIANO G. PASCUA

This case has been cited 2 times or more.

2015-09-01
PERLAS-BERNABE, J.
In Dela Cruz-Sillano v. Pangan,[19] the Court suspended a lawyer both from the practice of law and from his notarial commission for notarizing an SPA without the personal appearance of the affiant. It held that a lawyer commissioned to be a notary public is mandated to discharge his sacred duties and observe faithfully the legal solemnity of an oath in an acknowledgement or jurat. Similarly, the Court has meted out penalties on erring notaries for notarizing a document despite the non-appearance of one of the signatories. It is settled that such practice constitutes unlawful, dishonest, immoral, or deceitful conduct.[20]
2015-03-24
VILLARAMA, JR., J.
By his negligent act of not checking the work of his secretary and merely perfunctorily notarizing documents, it cannot be said that he upheld legal processes thus violating Canon 1 of the CPR.  Neither can it be said that he promoted confidence in the legal system.  If anything, his acts serve to undermine the functions of a diligent lawyer. He thus ran afoul Rule 1.02 of the CPR. We cannot stress enough that as a lawyer, respondent is expected at all times to uphold the integrity and dignity of the legal profession and refrain from any act or omission which might lessen the trust and confidence reposed by the public in the integrity of the legal profession.[38]  A lawyer's mandate includes thoroughly going over documents presented to them typed or transcribed by their secretaries.[39]