FACTS: Complainant filed this complaint against respondent, a Notary Public, for notarizing and preparing a Deed of Absolute Sale dated September 15, 1994 which could not have been executed and sworn to by Lilia D. Cardona, one of the therein three vendors – signatories, she having died on November 25, 1990, or four years earlier.
It appears that complainant is the lawful tiller of the land subject of the sale. Comparative Examination conducted by the NBI shows that the specimen signatures of Lilia Cardona and her signature appearing on the said Deed of Absolute Sale were not written by one and the same person.
In his comment, respondent asserted that complainant has no personality to complain as he has neither a legal right or claim over the land nor legal personality to challenge the sale; as a Notary Public, he is not expected to know every person who goes to him for notarization of documents.
ISSUE: Whether or not the contentions of the respondent are tenable.
HELD: No. Complainant has the legal personality to file this complaint because as a tenant, his rights over the land are disturbed by the transfer of the ownership of the land. In any event, proceedings for disbarment, suspension or discipline of lawyers may, under Section 1 of Rule 139 – B of the Rules of Court, motu proprio be taken by the SC or the IBP upon the verified complaint of any person.
Respondent cannot also successfully plead that he is not expected to know every person who goes to him for notarization of their documents because in the Acknowledgment of the Deed, he affirmed that all the persons who appeared before him (including Lilia Cardona) are known to him “to be the same individuals who executed the instrument and acknowledged to him that the same is their free act and voluntary deed”.
Canon 1 of the Code of Professional Responsibility requires lawyers to uphold the Constitution and to obey the laws of the land and promote respect for the law and legal processes; and Rule 1.01 thereof proscribes lawyers from engaging in unlawful, dishonest, immoral or deceitful conduct. His reckless act of notarizing the DAS without ascertaining that the vendors – signatories thereto were very same person who executed it and personally appeared before him to attest to the contents and truth of what were stated therein breached the foregoing rules.
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