This case has been cited 4 times or more.
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2007-08-23 |
GARCIA, J. |
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| Needless to stress, respondent cannot escape from disciplinary action in his capacity as member of the bar and as a notary public. His proven transgression does not, however, merit disbarment, as urged by the complainant. This most severe form of disciplinary sanction ought to be imposed only in a clear case of misconduct that seriously affects the standing and character of a respondent as an officer of the court and as a member of the bar. Disbarment should never be decreed where any lesser penalty, such as temporary suspension, could accomplish the end desired.[18] | |||||
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2004-07-14 |
DAVIDE JR., CJ. |
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| The IBP correctly found that the charges of deceit and grossly immoral conduct were not substantiated. In disbarment proceedings, the complainant has the burden of proving his case by convincing evidence.[17] With respect to the estafa case which is the basis for the charge of malpractice or other gross misconduct in office, the respondent is not yet convicted thereof. In Gerona vs. Datingaling,[18] we held that when the criminal prosecution based on the same act charged is still pending in court, any administrative disciplinary proceedings for the same act must await the outcome of the criminal case to avoid contradictory findings. | |||||
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2004-02-23 |
CALLEJO, SR., J. |
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| In the case of Nunga v. Viray,[36] the Court had the occasion to state Where the notarization of a document is done by a member of the Philippine Bar at a time when he has no authorization or commission to do so, the offender may be subjected to disciplinary action. For one, performing a notarial [act] without such commission is a violation of the lawyer's oath to obey the laws, more specifically, the Notarial Law. Then, too, by making it appear that he is duly commissioned when he is not, he is, for all legal intents and purposes, indulging in deliberate falsehood, which the lawyer's oath similarly proscribes. These violations fall squarely within the prohibition of Rule 1.01 of Canon 1 of the Code of Professional Responsibility, which provides: "A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct."[37] The importance of the function of a notary public cannot, therefore, be over-emphasized. No less than the public faith in the integrity of public documents is at stake in every aspect of that function.[38] | |||||
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2004-02-03 |
AUSTRIA-MARTINEZ, J. |
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| Acknowledgment of a document is not an empty act or routine.[5] Thus, in Vda. de Rosales vs. Ramos,[6] the Court emphasized the significance of the act of notarization, to wit:The importance attached to the act of notarization cannot be overemphasized. Notarization is not an empty, meaningless, routinary act. It is invested with substantive public interest, such that only those who are qualified or authorized may act as notaries public. Notarization converts a private document into a public document thus making that document admissible in evidence without further proof of its authenticity. A notarial document is by law entitled to full faith and credit upon its face. Courts, administrative agencies and the public at large must be able to rely upon the acknowledgment executed by a notary public and appended to a private instrument. | |||||