J.A.B. Bulao & Associates

CASE 2020-0032: ATTY. BRYAN S. LIM AND NESTOR R. WONG  VS. ATTY. JOSE C. TABILIRAN JR. (A.C. NO. 10793, SEPTEMBER 16, 2020, PERLAS-BERNABE, J.) (SUBJECT/S: DUTIES OF NOTARY PUBLIC)

DISPOSITIVE:

  SO ORDERED.

SUBJECTS/DOCTRINES/DIGEST:

CAN A NOTARY PUBLIC NOTARIZE A DEED OF SALE EXECUTED BY HIS SON?

NO, AS EXPLAINED BY THE COURT:

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CASE 2020-0031: HENRIETTA PICZON-HERMOSO AND BEZALEL PICSON HERMOSO VS. ATTY. SYLVESTER C. PARADO (A.C. NO. 8116, SEPTEMBER 16, 2020, PERLAS-BERNABE, J.) (SUBJCET/S: NOTARIAL PRACTICE)

DISPOSITIVE:

WHEREFORE, the Court finds respondent Atty. Sylvester C. Parado GUILTY of violating the 2004 Rules on Notarial Practice and the Code of Professional Responsibility. Accordingly, the Court hereby SUSPENDS him from the practice of law for a period of two (2) years; PROHIBITS him from being commissioned as a notary public for a period of two (2) years; and REVOKES his incumbent comm1ss10n as a notary public, if any. He is WARNED that a repetition of the same offense or similar acts in the future shall be dealt with more severely. The suspension from the practice of law, the prohibition from being commissioned as notary public, and the revocation of his notarial commission, if any, shall take effect immediately upon receipt of this Decision by Atty. Parado. He is DIRECTED to immediately file a Manifestation to the Court that his suspension has started, copy furnished all courts and quasi-judicial bodies where he has entered his appearance as counsel.

Let copies of this Decision be furnished to the Office of the Bar Confidant to be appended to Atty. Parado’s personal record as an attorney; the Integrated Bar of the Philippines for its information and guidance; and the Office of the Court Administrator for circulation to all courts in the country.

SO ORDERED.

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

ATTY. PARADO NOTARIZED A DOCUMENT EVEN THOUGH THOUGH THE PARTIES WERE NOT PRESENT. ALSO, ATTY PARADO DID NOT FILE ANSWER TO THE COMPLAINT FILED AGAINST HIM. FURTHER, HE WAS NOT COMMISSIONED AS NOTARY PUBLIC WHEN HE NOTARIZED SUBJECT DEEDS.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

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CASE 2020-30: VALENTINO C. LEANO VS. ATTY. HIPOLITO C. SALATAN (A.C. NO. 12551, JULY 8, 2020, INTING, J.) (SUBJECT/S: NOTARIAL PRACTICE)

DISPOSITIVE:

“WHEREFORE, The Court finds respondent ATTY. HIPOLITO C. SALATAN GUILTY of violating the 2004 Rules on Notarial Practice and the Code of professional Responsibility.  Accordingly, his Notarial Commission, if still existing, in REVOKED, and he is hereby PERPETUALLY DISQUALIFIED  fron being reappointed as Notary Public. Respondent ATTY. HIPOLITO C. SALATAN is likewise SUSPENDED from the practice of law for a period of I (1 ) year effective immediately.

Let copies of this DECISION be furnished the Office of the Bar Confidant to be appended to Responded ATTY. HIPOLITO C. SALATAN personal record, and the Office of Court Administrator and the Integrated Bar of the Philippines for their information and guidelines.

So Ordered.”

SUBJECTS/DOCTRINES/DIGEST:

THE NOTARY PUBLIC LEFT BLANK THE PROOF OF IDENTITY ON THE NOTARIZED DOCUMENT. THIS PROVES THAT THE NOTARY PUBLIC DID NOT PROPERLY IDENTIFY THE PERSON SIGNING THE NOTARIZED DOCUMENT.

WHAT SHOULD HAVE BEEN THE REMEDY?

IT APPEARS FROM THE DECISION THAT THERE SHOULD BE AN ALLEGATION THAT THE PERSON SIGNING THE DOCUMENT IS PERSONALLY KNOWN TO THE NOTARY PUBLIC. THE REQUIREMENT OF COMPETENT PROOF OF IDENTITY MAY BE DISPENSED WITH.

THE NOTARY PUBLIC DELEGATED THE RECORDING OF HIS NOTARIZED DOCUMENTS IN THE NOTARIAL REGISTER. IS THIS PROPER?

NO BECAUSE A NOTARY PUBLIC IS PERSONALLY ACCOUNTABLE FOR ALL ENTRIES IN HIS NOTARIAL REGISTER.

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW. IF FILE DOES NOT APPEAR ON SCREEN GO TO DOWNLOAD. IT IS THE FIRST ITEM. OPEN IT.

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “attybulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “attybulao and forum shopping”.