Tuesday, August 5, 2014

Notary public perpetually disqualified - 6470.pdf

See - 6470.pdf

"x x x.

A notary public should not notarize a document unless the persons who signed appeared before the said notary public to attest to the contents and truth of what are stated therein.27 Thus, in acknowledging that the parties personally came and appeared before her, respondent also violated Rule 10.0128 of the Code of Professional Responsibility and her oath as a lawyer that she shall do no falsehood. -

Certainly, respondent is unfit to continue enjoying the solemn office of a notary public. In several instances, the Court did not hesitate to disbar lawyers who were found to be utterly oblivious to the solemnity of their oath as notaries public.30 Even so, the rule is that disbarment is meted out only in clear cases of misconduct that seriously affect the standing and character of the lawyer as an officer of the court and the Court will not disbar a lawyer where a lesser penalty will suffice to accomplish the desired end.31 The blatant disregard by respondent of her basic duties as a notary public warrants the less severe punishment of suspension from the practice of law and perpetual disqualification to be commissioned as a notary public.

WHEREFORE, respondent Atty. Juvy Mell Sanchez-Malit is found guilty of violating Canon 1 and Rules 1.01, 1.02, and 10.01 of the Code of Professional Responsibility as well as her oath as notary public. Hence, she is SUSPENDED from the practice of law for ONE YEAR effective immediately. Her notarial commission, if still existing, is IMMEDIATELY REVOKED and she is hereby PERPETUALLY DISQUALIFIED from being commissioned as a notary public.

x x x."