FACTS: This is a petition for disbarment against respondent Atty. Virgilio R. Garcia for the falsification of a deed of donation and notarizing the same.
It appears that Atty. Garcia notarized the Deed of Donation covering a parcel of land. When said document was examined by the PNP Laboratory upon complaint of Violeta Flores Alitagtag, it certified that the questioned signature in the Deed of Donation and the standard signatures of the deceased donor, Caesar B. Flores, “WERE NOT WRITTEN BY ONE AND THE SAME PERSON”. Hence, the Deed of Donation was declared falsified and thus, null and void by the lower court.
As a result of such findings, the IBP recommended the suspension of Atty. Garcia from the practice of law for two (2) years.
ISSUE: Whether or not there is reasonable ground to believe that Atty. Garcia be disbarred.
HELD: YES. Article 2103, Sec.1(4) provides that a notary public “ 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 Deed of Donation is authentic.” He assisted his father-in-law, the donor, in executing the same. By notarizing the document, he likewise acknowledged that the signature therein is the donor’s true signature.
Where the notary public is a lawyer, a graver responsibility is placed upon his shoulder by reason of his solemn oath to obey the laws and to do no falsehood or consent to the doing of any.
A notary who acknowledged a document that was a forgery destroys the integrity and dignity of the legal profession. He does not deserve to continue as member of the bar.
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