This case has been cited 2 times or more.
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2015-11-10 |
PERLAS-BERNABE, J. |
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| A notary public is empowered to perform a variety of notarial acts, most common of which are the acknowledgement and affirmation of documents or instruments. In the performance of these notarial acts, the notary public must be mindful of the significance of the notarial seal affixed on documents. The notarial seal converts a document from a private to a public instrument, after which it may be presented as evidence without need of proof of its genuineness and due execution. Thus, notarization should not be treated as an empty, meaningless or routinary act. 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.[20] The importance of the functions of a notary public is highlighted in De Jesus v. Sanchez-Malit[21] as follows: The important role a notary public performs cannot be overemphasized. The Court has repeatedly stressed that notarization is not an empty, meaningless routinary act, but one invested with substantive public interest. Notarization converts a private document into a public document, making it admissible in evidence without further proof of its authenticity. Thus, a notarized document is, by law, entitled to full faith and credit upon its face. It is for this reason that a notary public must observe with utmost care the basic requirements in the performance of his notarial duties; otherwise, the public's confidence in the integrity of a notarized document would be undermined.[22] (Emphasisd and underscoring supplied) | |||||
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2015-02-10 |
LEONEN, J. |
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| In the recent case of De Jesus v. Atty. Sanchez-Malit,[55] the respondent-lawyer notarized 22 public documents even without the signatures of the parties on those documents.[56] This court suspended the respondent-lawyer from the practice of law for one (1) year and perpetually disqualified her from being a notary public.[57] | |||||