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JOSEFINA P. SORIANO v. ATTY. HUMBERTO B. BASCO

This case has been cited 2 times or more.

2009-09-29
BERSAMIN, J.
Being a lawyer commissioned as a notary, the respondent was mandated to discharge with fidelity the sacred duties appertaining to her notarial office. Such duties being dictated by public policy and impressed with public interest, she could not disregard the requirements and solemnities of the Notarial Law.[27] It was emphatically her primary duty as a lawyer-notary to obey the laws of the land and to promote respect for the law and legal processes.[28] She was expected to be in the forefront in the observance and maintenance of the rule of law. She ought to have remembered that a graver responsibility was placed upon her shoulders by virtue of her being a lawyer.[29]
2008-09-12
VELASCO JR., J.
(a) The acknowledgment shall be made before a notary public or an officer duly authorized by law of the country to take acknowledgments of instruments or documents in the place where the act is done. The notary public or the officer taking the acknowledgment shall certify that the person acknowledging the instrument or document is known to him and that he is the same person who executed it, and acknowledged that the same is his free act and deed. The certificate shall be made under his official seal, if he is by law required to keep a seal, and if not, his certificate shall so state.[2] Without the appearance of the person who actually executed the document in question, notaries public would be unable to verify the genuineness of the signature of the acknowledging party and to ascertain that the document is the party's free act or deed.[3] Furthermore, notaries public are required by the Notarial Law to certify that the party to the instrument has acknowledged and presented before the notaries public the proper residence certificate (or exemption from the residence certificate) and to enter its number, place, and date of issue as part of certification.[4] Rule II, Sec. 12 of the 2004 Rules on Notarial Practice[5] now requires a party to the instrument to present competent evidence of identity. Sec. 12 provides:Sec. 12. Competent Evidence of Identity.--The phrase "competent evidence of identity" refers to the identification of an individual based on: