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FELICIDAD VDA. DE BERNARDO v. ATTY. JOSE R. RESTAURO

This case has been cited 4 times or more.

2010-04-15
PERALTA, J.
It may not be amiss to point out, at this juncture, that the principal function of a notary public is to authenticate documents.[31] When a notary public certifies to the due execution and delivery of a document under his hand and seal, he gives the document the force of evidence.[32] Indeed, one of the purposes of requiring documents to be acknowledged before a notary public, in addition to the solemnity which should surround the execution and delivery of documents, is to authorize such documents to be given without further proof of their execution and delivery.[33] 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 before a notary public and appended to a private instrument.[34] Hence, a notary public must discharge his powers and duties, which are impressed with public interest, with accuracy and fidelity.[35] A notary public should not notarize a document unless the persons who signed the same are the very same persons who executed and personally appeared before him to attest to the contents and truth of what are stated therein.[36]
2005-06-21
YNARES-SANTIAGO, J.
By affixing his notarial seal on the instrument, the respondent converted the Deed of Absolute Sale, from a private document into a public document. Such act is no empty gesture. The principal function of a notary public is to authenticate documents. When a notary public certifies to the due execution and delivery of a document under his hand and seal, he gives the document the force of evidence. Indeed, one of the purposes of requiring documents to be acknowledged before a notary public, in addition to the solemnity which should surround the execution and delivery of documents, is to authorize such documents to be given without further proof of their execution and delivery. 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 acknowledgement executed before a notary public and appended to a private instrument. Hence, a notary public must discharge his powers and duties, which are impressed with public interest, with accuracy and fidelity.[15]
2004-11-11
AUSTRIA-MARTINEZ, J.
It cannot be stressed enough that notaries public should be truthful in carrying out their functions.  They must observe with the highest degree of care the basic requirements in the performance of their duties in order to preserve the confidence of the public in the integrity of the notarial system.  Courts, agencies and the public at large must be able to rely upon the acknowledgment executed by notaries public appended to instruments.[8] Their functions should not be trivialized and they must discharge their powers and duties which are impressed with public interest, with accuracy and fidelity.[9] With the eroding faith of the public in the integrity of public documents, this Court will exhort all the more the notaries public to be more circumspect in the discharge of their duties.[10]
2004-02-03
AUSTRIA-MARTINEZ, J.
For this reason notaries public must observe with utmost care the basic requirements in the performance of their duties. Otherwise, the confidence of the public in the integrity of this form of conveyance would be undermined. Hence a notary public should not notarize a document unless the persons who signed the same are the very same persons who executed and personally appeared before him to attest to the contents and truth of what are stated therein. The purpose of this requirement is to enable the notary public to verify the genuineness of the signature of the acknowledging party and to ascertain that the document is the party's free act and deed. A notary public's function should not be trivialized and a notary public must discharge his powers and duties which are impressed with public interest, with accuracy and fidelity. [7]