This case has been cited 3 times or more.
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2011-10-12 |
CARPIO, J. |
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| In Selanova v. Judge Mendoza,[4] the Court cited a number of cases where the lawyer was sanctioned for notarizing similar documents as the contract in this case, such as: notarizing a document between the spouses which permitted the husband to take a concubine and allowed the wife to live with another man, without opposition from each other;[5] ratifying a document entitled "Legal Separation" where the couple agreed to be separated from each other mutually and voluntarily, renouncing their rights and obligations, authorizing each other to remarry, and renouncing any action that they might have against each other;[6] preparing a document authorizing a married couple who had been separated for nine years to marry again, renouncing the right of action which each may have against the other;[7] and preparing a document declaring the conjugal partnership dissolved.[8] | |||||
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2011-10-11 |
VILLARAMA, JR., J. |
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| Moreover, while respondent's duty as a notary public is principally to ascertain the identity of the affiant and the voluntariness of the declaration, it is nevertheless incumbent upon him to guard against any illegal or immoral arrangement or at least refrain from being a party to its consummation.[16]Rule IV, Section 4 of the 2004 Rules on Notarial Practice in fact proscribes notaries public from performing any notarial act for transactions similar to the herein document of sale, to wit: SEC. 4. Refusal to Notarize. - A notary public shall not perform any notarial act described in these Rules for any person requesting such an act even if he tenders the appropriate fee specified by these Rules if: | |||||
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2003-07-29 |
YNARES-SANTIAGO, J. |
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| SEC. 27. Disbarment and suspension of attorneys by Supreme Court, grounds therefore. - A member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice or other gross misconduct in such office, grossly immoral conduct or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before the admission to practice, or for a willful disobedience appearing as attorney for a party without authority to do so. The nature of the office of an attorney requires that a lawyer shall be a person of good moral character. Since this qualification is a condition precedent to a license to enter upon the practice of law, the maintenance thereof is equally essential during the continuance of the practice and the exercise of the privilege. Gross misconduct which puts the lawyer's moral character in serious doubt may render her unfit to continue in the practice of law.[9] | |||||