Disbarred

Just as members of the bench should refrain from doing acts that would lessen the public’s trust and confidence in the judiciary, members of the bar are likewise required the same kind of decorum so as not to erode the public’s trust and confidence in the legal profession. This is illustrated in this case of Bernie (not his real name), a lawyer and a Notary Public

On August 5, 1994, Bernie as Notary Public notarized a Deed of Donation purportedly executed by the spouses Ben and Celia in favor of their two children Julio and Connie. In the “Acknowledgment” portion of the document, Bernie declared that Ben and Celia as well as their two children Julio and Connie personally appeared before him, and were known to him as the same persons who executed the Deed freely and voluntarily. The spaces in said acknowledgment for the entry of the parties’ residence certificates’ numbers, date and place of issue were however unfilled indicating that no residence certificate or any document of identification were presented.

It also turned out that the spouses Ben and Celia who supposedly signed the Deed on August 5, 1994 already died way back on September 7, 1987 and September 24, 1984 respectively as shown by their death certificates. Thus a complaint for the disbarment of Bernie was filed by Minda, another daughter of the couple who was not included in the Deed. Bernie was charged with notarizing a falsified or forged Deed of Donation despite the non-appearance of the donors both of whom were already dead at the time of the execution of said document.

In reply Bernie admitted the fact of death of Ben and Celia considering their death certificates which were attached to Minda’s complaint. But he claimed that he had no knowledge that the real Ben and Celia were already dead at the time he notarized the Deed and that he exerted efforts to ascertain the identities of the persons who appeared before him and represented themselves as the donors under the Deed of Donation.

While this case was still under investigation, Bernie was already suspended from the practice of law for one year and disqualified from reappointment as Notary Public for a period of two years for his failure to properly perform his duties as notary public in another case. Should Bernie be now disbarred?

Yes. Notarization is not an empty, meaningless, routine act but one invested with substantive public interest. It converts a private document into a public one, making it admissible in evidence without proof of authenticity, entitled to full faith and credit upon its face. Hence 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.

In this case, Bernie is grossly negligent in failing to ascertain the identities of the parties before him and in requiring the presentation of their residence certificates or any other document to prove their identities as shown especially by his admission that the donors were already dead when he notarized the Deed of Donation.

Bernie also engaged in dishonest conduct because he falsely represented in his Acknowledgment that the persons who appeared before him were “known to him” to be the same persons who executed the Deed of Donation, despite the fact that he did not know them and did not ascertain their identities as he attested. Moreover Bernie engaged in unlawful misconduct when he did not observe the requirements under Section 1 of the Old Notarial Law requiring notaries to certify that the parties to the instrument have acknowledged and presented before him the proper residence certificates and to enter their number, place and date of issue. The unfilled spaces in the Acknowledgment corresponding to the residence certificates clearly established that Bernie did not perform his legal duty.

In the light of the above facts and circumstances and considering that this is his second infraction Bernie should already be disbarred from the practice of law and perpetually disqualified from being commissioned as a notary public. A lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law and the legal profession. He is prohibited from engaging in unlawful, dishonest, immoral and deceitful conduct (Canon 1 and Rule 1.01 Code of Professional Responsibility). This is the ruling in the case of Lustestica vs. Bernabe, A.C. No. 6258, August 24, 2010.

Note: Books containing compilation of my articles on Labor Law and Criminal Law (Vols. I and II) are now available. Call Tel. 7249445.

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