DELA CRUZ vs. DIMAANO,JR. AC No.

7781; 12 September 2008

FACTS: This is a complaint for disbarment against Atty. a doc$ment %ith the follo%ing defects& imaano! "r. for notari#ing

'1( their signat$res in this doc$ment %ere forged; '2( they did not appear and ac)no%ledge the doc$ment on "$ly 1*! 200+ before respondent! as notari#ing officer; and ',( their p$rported comm$nity ta- certificates indicated in the doc$ment %ere not theirs. According to complainants! respondent had made $ntr$thf$l statements in the ac)no%ledgment portion of the notari#ed doc$ment %hen he made it appear! among other things! that complainants .personally came and appeared before him/ and that they affi-ed their signat$res on the doc$ment in his presence. 0n the process! complainants added! respondent effecti1ely enabled their sister! Na1arro! to ass$me f$ll o%nership of their deceased parents2 property in Tibagan! San 3ig$el! 4$lacan! co1ered by Transfer Certificate of Title No. T5,0,6,* and sell the same to the epartment of 7$blic 8or)s and 9igh%ays. 0n his ans%er! respondent admitted ha1ing a hand in the preparation of the doc$ment in :$estion! b$t admitted ha1ing indeed notari#ed it. 9e e-plained that .he notari#ed ;the< doc$ment in good faith relying on the representation and ass$rance of =enaida Na1arro that the signat$res and the comm$nity tacertificates appearing in the doc$ment %ere tr$e and correct./ Na1arro %o$ld not! according to respondent! lie to him ha1ing )no%n! and being neighbors of! each other for ,0 years.

HELD: 8itho$t the appearance of the person %ho act$ally e-ec$ted the doc$ment in :$estion! notaries p$blic %o$ld be $nable to 1erify the gen$ineness of the signat$re of the ac)no%ledging party and to ascertain that the doc$ment is the party2s free act or deed. >$rthermore! notaries p$blic are re:$ired by the Notarial ?a% to certify that the party to the instr$ment has ac)no%ledged and presented before the notaries p$blic the proper residence certificate 'or e-emption from the residence certificate( and to enter its n$mber! place! and date of iss$e as part of certification. @$le 00! Sec. 12 of the 200+ @$les on Notarial 7ractice no% lists a n$mber of doc$ments considered as competent e1idence of identity.