This case has been cited 4 times or more.
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2008-07-31 |
NACHURA, J. |
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| Further challenging the due execution of the board resolution bearing the Secretary's Certification, petitioner wants us to consider the same as inadmissible on the ground that Atty. Agcaoili did not appear before a notary public for notarization. We do not agree, because in the past, we have already held that the non-appearance of the party before the notary public who notarized the deed does not necessarily nullify or render the parties' transaction void ab initio.[10] However, the non-appearance of the party exposes the notary public to administrative liability which warrants sanction by the Court. This fact notwithstanding, we agree with the respondent court that it is not enough to overcome the presumption of the truthfulness of the statements contained in the board resolution. To overcome the presumption, there must be sufficient, clear and convincing evidence as to exclude all reasonable controversy as to the falsity of the certificate.[11] In the absence of such proof, the document must be upheld. Notarization converts a private document into a public document, making it admissible in court without further proof of its authenticity.[12] | |||||
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2006-04-12 |
TINGA, J. |
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| Yet even if we consider what was affixed by the notary public as a jurat, the will would nonetheless remain invalid, as the express requirement of Article 806 is that the will be "acknowledged", and not merely subscribed and sworn to. The will does not present any textual proof, much less one under oath, that the decedent and the instrumental witnesses executed or signed the will as their own free act or deed. The acknowledgment made in a will provides for another all-important legal safeguard against spurious wills or those made beyond the free consent of the testator. An acknowledgement is not an empty meaningless act.[43] The acknowledgment coerces the testator and the instrumental witnesses to declare before an officer of the law that they had executed and subscribed to the will as their own free act or deed. Such declaration is under oath and under pain of perjury, thus allowing for the criminal prosecution of persons who participate in the execution of spurious wills, or those executed without the free consent of the testator. It also provides a further degree of assurance that the testator is of certain mindset in making the testamentary dispositions to those persons he/she had designated in the will. | |||||
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2005-09-21 |
GARCIA, J. |
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| In Protacio vs. Mendoza,[7] this Court suspended respondent's commission as a notary public for one (1) year for his failure to send to the Clerk of Court of the proper RTC the entries in his notarial registry. | |||||
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2003-08-05 |
YNARES-SANTIAGO, J. |
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| In Protacio v. Mendoza,[27] it was held: It is necessary that a party to any document notarized by a notary public appear in person before the latter and affirm the contents and truth of what are stated in the document. The importance of this requirement cannot be gainsaid. The acknowledgment of a document is converted into a public document, making it admissible in court without further proof of its authenticity. For this reason, it behooves every notary public to see to it that this requirement is observed and that formalities for the acknowledgment of documents are complied with (Emphasis supplied). Likewise, aside from being required to appear before the notary public, "it is similarly incumbent upon the person acknowledging the instrument to declare before the same Notary Public that the execution of the instrument was done by him of his own free will".[28] Accordingly, we find the observation of the appellate court "that the parties appeared before Atty. Laureano Oco for the preparation of the Deed of [Absolute] Sale", to be inaccurate and without evidentiary support in the record. | |||||