PROBLEM AREAS IN LEGAL ETHICS (FINALS)

1.) Non-lawyers who are authorized to appear in court.

a.) Cases before the MTC: Party to the litigation, in person OR through an agent or friend or appointed by
him for that purpose (Sec. 34, Rule 138, RRC)
b.) Before any other court: Party to the litigation, in person
c.) Criminal case before the MTC in a locality where a duly licensed member of the Bar is not available: The
judge may appoint a non-lawyer who is: resident of the province of good repute for probity and ability to
aid the accused in his defense (Rule 116, Sec. 7, RRC)
d.) Legal Aid Program A senior law student, who is enrolled in a recognized law schools clinical education
program approved by the Supreme Court may appear before any court without compensation, to
represent indigent clients, accepted by the Legal Clinic of the law school. The student shall be under the
direct supervision and control of an IBP member duly accredited by the law school.
e.) Under the Labor code, non-lawyers may appear before the NLRC or any Labor Arbiter, if they represent
themselves, or if they represent their organization or members thereof (Art 222, PO 442, as amended).
f.) Under the Cadastral Act, a non-lawyer can represent a claimant before the Cadastral Court (Act no. 2259,
Sec. 9).

2.) Public Officials who cannot engage in the private practice of Law in the Philippines:
a.) Judges and other officials as employees of the Supreme Court (Rule 148, Sec. 35, RRC).
b.) Officials and employees of the OSG
c.) Government prosecutors (People v. Villanueva, 14 SCRA 109).
d.) President, Vice-President, members of the cabinet, their deputies and assistants (Art. VIII Sec. 15, 1987
Constitution).
e.) Members of the Constitutional Commission (Art IX-A, Sec. 2, 1987 Constitution)
f.) Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par), 1987 Constitution)
g.) All governors, city and municipal mayors (R.A. No. 7160, Sec. 90).
h.) Those prohibited by special law
Public Officials with Restrictions in the Practice of Law:
a.) No Senator as member of the House of Representative may personally appear as counsel before any
court of justice as before the Electoral Tribunals, as quasi-judicial and other administration
bodies (Art. VI, Sec. 14, 1987 Constitution).
b.) Under the Local Government Code (RA 7160, Sec. 91)Sanggunian members may practice their
professions provided that if they are members of the Bar, they shall not:
b.1) appear as counsel before any court in any civil case wherein a local government unit or
any office, agency, or instrumentality of the government is the adverse party;
b.2) appear as counsel in any criminal case wherein an officer or employee of the national or
local government is accused of an offense committed in relation to his office;
b.3) collect any fee for their appearance in administrative proceedings involving the local
government unit of which he is an official;
b.4) use property and personnel of the government except when the Sanggunian member
concerned is defending the interest of the government.
c.) Under RA 910, Sec. 1, as amended, a retired justice or judge receiving pension from the
government, cannot act as counsel in any civil case in which the Government, or any of its subdivision
or agencies is the adverse party or in a criminal case wherein an officer or employee of the
Government is accused of an offense in relation to his office.

3.) Lawyers Oath:

I, __________________, do solemnly swear that I will maintain allegiance to the Republic of the
Philippines; I will support its constitution and obey the laws as well as the legal orders of the duly constituted
authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not willingly nor
wittingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same; I will

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 delay no man for money or malice, and will conduct myself as a lawyer according to the best of my
knowledge and discretion, with all good fidelity as well to the court as to my clients; and I impose upon
myself this voluntary obligations without any mental reservation or purpose of evasion. So help me God.
(Form 28, RRC)

4.) May a lawyer who lost his citizenship practice law in the Philippines? Discuss the requirements. Discuss In
Re: Dacanay.
NOTE: Nationality Theory Practice of Law is Reserved for Filipinos

Facts: In 1998, Atty. Benjamin Dacanay went to Canada to seek medical help. In order for him to take
advantage of Canadas free medical aid program he became a Canadian citizen in 2004. In 2006 however, he
re-acquired his Philippine citizenship pursuant to Republic Act 9225 of the Citizenship Retention and Re-
Acquisition Act of 2003. In the same year, he returned to the Philippines and he now intends to resume his
practice of law.

ISSUE: Whether or not Atty. Dacanay may still resume his practice of law.

HELD: Yes. As a rule, the practice of law and other professions in the Philippines are reserved and limited
only to Filipino citizens. Philippine citizenship is a requirement for admission to the bar. So when Dacanay
became a Canadian citizen in 2004, he ceased to have the privilege to practice law in the Philippines.
However, under RA 9225, a Filipino lawyer who becomes a citizen of another country is deemed never to
have lost his Philippine citizenship if he reacquires his Filipino citizenship in accordance with RA 9225. Hence,
when Dacanay reacquires his Filipino citizenship in 2006, his membership to the Philippine bar was deemed
to have never been terminated.

But does this also mean that he can automatically resume his practice of law right after reacquisition?

No. Dacanay must still comply with several conditions before he can resume his practice of law, to wit:
(a) the updating and payment in full of the annual membership dues in the IBP;
(b) the payment of professional tax;
(c) the completion of at least 36 credit hours of mandatory continuing legal education; this is
especially significant to refresh the applicant/petitioners knowledge of Philippine laws and update
him of legal developments and
(d) the retaking of the lawyers oath which will not only remind him of his duties and responsibilities
as a lawyer and as an officer of the Court, but also renew his pledge to maintain allegiance to the
Republic of the Philippines.

Compliance with these conditions will restore his good standing as a member of the Philippine bar.

5.) CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE
RESPECT FOR LAW OF AND LEGAL PROCESSES.

Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE LEGAL
PROFESSION AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.
Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice
law, nor shall he whether in public or private life, behave in a scandalous manner to the discredit of the
legal profession.

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 6.) Rule 2.03 A lawyer shall not do or permit to be done any act designed primarily to solicit legal business.

Primary characteristics which distinguish the legal profession from business;

a.) Duty of service, of which the emolument is a by-product, and in which one may attain the highest
eminence without making such money;

b.) A relation as an officer of court to the administration of justice involving thorough sincerity, integrity
and reliability;
c.) A relation to clients in the highest degree of fiduciary;
d.) A relation to colleagues at the bar characterized by candor, fairness and unwillingness to resort to current
business methods of advertising and encroachment on their practice or dealing with their clients.

Rule on Advertisements
General Rule:
No advertisements allowed. The most worthy and effective advertisement possible is the
establishment of a well-merited reputation for professional capacity and fidelity to trust.
Lawyers may not advertise their services or expertise nor should not resort to indirect
advertisements for professional employment, such as furnishing or inspiring newspaper comments, or
procuring his photograph to be published in connection with causes in which the lawyer has been
engaged or concerning the manner of their conduct, the magnitude of the interest involved, the
importance of the lawyers position, and all other self-laudation.

Exceptions/ Permissible advertisements:

a.) Reputable law lists, in a manner consistent with the standards of conduct imposed by the canons, of
brief biographical and informative data, are allowed.
b.) Ordinary simple professional Card. It may contain only a statement of his name, the name of the law
firm which he is connected with, address, telephone number and the special branch of law practiced.
c.) A simple announcement of the opening of a law firm or of changes in the partnership, associates, firm
name or office address, being for the convenience of the profession, is not objectionable.
d.) Advertisements or simple announcement of the existence of a lawyer or his law firm posted
anywhere it is proper such as his place of business or residence except courtrooms and government
buildings.
e.) Advertisements or announcement in any legal publication, including books, journals, and legal
magazines.

7.) CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE OF
LAW.

Rule 9.01 - A lawyer shall not delegate to any unqualified person the performance of any task which by
law may only be performed by a member of the bar in good standing.

Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services with persons not
licensed to practice law, except:
(a) Where there is a pre-existing agreement with a partner or associate that, upon the latter's death,
money shall be paid over a reasonable period of time to his estate or to persons specified in the agreement;
or
(b) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or
(c) Where a lawyer or law firm includes non-lawyer employees in a retirement plan even if the plan is based
in whole or in part, on a profit sharing agreement.

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 8.) Discuss criticisms on the ruling of Supreme Court basing on the case of Zaldivar vs Gonzales.

ENRIQUE A. ZALDIVAR vs. RAUL M. GONZALEZ

FACTS:
The following are the subjects of this Resolution filed by the Petitioner: a Motion, dated 9
February 1988, to Cite in Contempt filed by petitioner Enrique A. Zaldivar against public respondent
Special Prosecutor (formerly Tanod bayan) Raul M. Gonzalez, in connection with G.R. Nos. 79690-707
and G.R. No. 80578. and a Resolution of this Court dated 2 May 1988 requiring respondent Hon. Raul
Gonzalez to show cause why he should not be punished for contempt and/or subjected to
administrative sanctions for making certain public statements.
The Motion cited as bases the acts of respondent Gonzalez in: (1) having caused the filing of
the information against petitioner in Criminal Case No. 12570 before the Sandiganbayan; and (2)
issuing certain allegedly contemptuous statements to the media in relation to the proceedings in G.R.
No. 80578. In respect of the latter, petitioner annexed to his Motion a photocopy of a news article
which appeared in the 30 November 1987 issue of the "Philippine Daily Globe.

ISSUE:
Whether or not lawyers are entitled to the same degree of latitude of freedom of speech
towards the Court?

RULING:
No. The Court begins by referring to the authority to discipline officers of the court and
members of the Bar. The authority to discipline lawyers stems from the Court's constitutional
mandate to regulate admission to the practice of law, which includes as well authority to regulate the
practice itself of law. Moreover, the Supreme Court has inherent power to punish for contempt, to
control in the furtherance of justice the conduct of ministerial officers of the Court including lawyers
and all other persons connected in any manner with a case before the Court. Only slightly (if at all)
less important is the public interest in the capacity of the Court effectively to prevent and control
professional misconduct on the part of lawyers who are, first and foremost, indispensable
participants in the task of rendering justice to every man. Some courts have held, persuasively it
appears to us, and that a lawyer's right of free expression may have to be more limited than that of a
layman.

While the Court may allow criticism it has In Re: Almacen held: Intemperate and unfair
criticism is a gross violation of the duty of respect to courts. It is such a misconduct that subjects a
lawyer to disciplinary action. The lawyer's duty to render respectful subordination to the courts is
essential to the orderly administration of justice. Hence, in the assertion of their clients' rights,
lawyers even those gifted with superior intellect are enjoined to rein up their tempers.

Note: Rule 11.05 - A lawyer shall not criticize the personal or official conduct of a judge in an insulting and
intemperate language.
***The law allows Constructive Criticism. A criticism is constructive when the purpose of such is to
correct/ rectify the mistake, error or irregularity that true justice may be achieved. When the criticism is destructive,
that it was arrogantly presented with abusive and offending language coupled with malicious intent to mock, ridicule
and offend the sensibilities of the court or the sitting judge, then such criticism becomes destructive hence
contemptuous.
*** In In Re: Almacen, the Supreme Court enunciated that but it is the cardinal condition of all such
criticism that it shall be bona fide, and shall not spill over the walls of decency and propriety.

9.) Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause.
Forum Shopping-

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 There is forum shopping
1.) When a party repetitively avails of several judicial remedies in different courts, simultaneously or
successively or there are two or more actions;
2.) All substantially founded on the same transactions and the same essential facts and
circumstances of the same parties;
3.) All raising substantially the same cause of actions or issues either pending in or already resolved
adversely by some other court.
4.) With the intention of gaining a favorable judgment.

Forum shopping is an act of malpractice that is prohibited and condemned because it trifles with the
courts and abuses their processes. It degrades the administration of justice and adds to the already congested
court dockets.
An important factor in determining its existence is the vexation caused to the courts and the parties-
litigants by the filing of similar cases to claim substantially the same reliefs.
Two ways of committing Forum shopping:
a.) Litis Pendentia
Litis pendentia as a ground for the dismissal of a civil action refers to that situation wherein another
action is pending between the same parties for the same cause of action, such that the second action
becomes unnecessary and vexatious.

Requisites for Litis Pendentia:

(a) Identity of parties or at least such as representing the same interests in both actions
(b) Identity of rights asserted and reliefs prayed for, the relief being founded on the same facts
(c) The identity in the two cases should be such that the judgment that may be rendered in one
would, regardless of which party is successful, amounts to res judicata in the other

b.) Res Judicata

Elements of Res Judicata
b.1) The former judgment must be final
b.2) Judgment must be on the merits of the case
b.3) The former decision is rendered by the court having jurisdiction over the subject.
b.4) There is similar identity of parties, subject matter and cause of action for both cases.

Rule 13.02 - A lawyer shall not make public statements in the media regarding a pending case tending
to arouse public opinion for or against a party.
Sub Judice Rule-
The sub judice rule restricts comments and disclosures pertaining to judicial proceedings to avoid
prejudging the issue, influencing the court, or obstructing the administration of justice, the CA reminded the
parties.
Anyone violating the sub judice rule can be cited for indirect contempt of court under Section 3(d),
Rule 71 of the Rules of Court.

10.) Rule 15.02 A lawyer shall be bound by the rule on privilege communication in respect of matters disclosed to
him by a prospective client.
Rule on Revealing Clients Identity
General Rule: A lawyer may not invoke privilege communication to refuse revealing a clients
identity. (Regala vs. Sandiganbayan, 262 SCRA 122, September 20, 1996)
Exceptions:
a.) When by divulging such identity, it would implicate the client to that same controversy for which the lawyers
services were required.
b.) It would open client to civil liability

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 c.) The disclosure of such identity will provide for the only link in order to convict the accused, otherwise, the
government has no case.
Requisites of Privileged Communication:
a.) Atty.-client relationship (or a kind of consultancy relationship with a prospective client
b.) Communication made by client to lawyer in the course of lawyers professional employment
c.) Communication is intended to be confidential (see Rule 130, Sec. 21(b), Rules of Court)
When communication is not privileged:
a.) After pleading has been filed
b.) communication intended by the client to be sent to a third person through his counsel (it loses its confidential
character as soon as it reaches the hands of third person)

c.) Even if the communication is unprivileged, the rule of ethics prohibits him from voluntarily revealing or using
to his benefit or to that of a third person, to the disadvantage of the client, the said communication unless
the client consents thereto.
d.) This is applicable to students under the Student Practice Law Program
Rule 15.03 A lawyer shall not represent conflicting interests except by written consent of all concerned given after
a full disclosure of the facts.
Rule on Conflicting Interest
It is generally the rule based on sound public policy that an attorney cannot represent adverse interest. It is
highly improper to represent both sides of an issue. The proscription against representation of conflicting interest
finds application where the conflicting interest arises with respect to the same general matter and is applicable
however slight such adverse interest may be. It applies although the attorneys intention and motives were honest
and he acted in good faith. However, representation of conflicting interest may be allowed where the parties consent
to the representation after full disclosure of facts. (Nakpil vs. Valdez, 286 SCRA 758).

General Rule: An attorney cannot represent adverse interest.

Exception: Where the parties consent to the representation after full disclosure of facts.
The TEST in determining Conflicting Interest: The test is whether or not the acceptance of a new relation will
prevent an attorney from the full discharge of his duty of individual fidelity and loyalty to his client or invite suspicion
of unfaithfulness in double-dealing in the performance thereof.(Tiana vs. Ocampo)

CPR PROVISIONS

CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW.

Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not
present, participate in presenting or threaten to present unfounded criminal charges to obtain an improper
advantage in any case or proceeding.

Rule 19.02 - A lawyer who has received information that his client has, in the course of the representation,
perpetrated a fraud upon a person or tribunal, shall promptly call upon the client to rectify the same, and failing
which he shall terminate the relationship with such client in accordance with the Rules of Court.

Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in handling the case.

CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.

Rule 20.01 - A lawyer shall be guided by the following factors in determining his fees:
(a) the time spent and the extent of the service rendered or required;
(b) the novelty and difficulty of the questions involved;
(c) The importance of the subject matter;
(d) The skill demanded;
(e) The probability of losing other employment as a result of acceptance of the proffered case;
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 (f) The customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs;
(g) The amount involved in the controversy and the benefits resulting to the client from the service;
(h) The contingency or certainty of compensation;
(i) The character of the employment, whether occasional or established; and
(j) The professional standing of the lawyer.

Rule 20.02 - A lawyer shall, in case of referral, with the consent of the client, be entitled to a division of fees in
proportion to the work performed and responsibility assumed.

Rule 20.03 - A lawyer shall not, without the full knowledge and consent of the client, accept any fee, reward, costs,
commission, interest, rebate or forwarding allowance or other compensation whatsoever related to his professional
employment from anyone other than the client.

Rule 20.04 - A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial
action only to prevent imposition, injustice or fraud.

CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER THE
ATTORNEY-CLIENT RELATION IS TERMINATED.

Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his client except;
(a) When authorized by the client after acquainting him of the consequences of the disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to defend himself, his employees or associates or by judicial action.

Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use information acquired in the course of
employment, nor shall he use the same to his own advantage or that of a third person, unless the client with full
knowledge of the circumstances consents thereto.

Rule 21.03 - A lawyer shall not, without the written consent of his client, give information from his files to an outside
agency seeking such information for auditing, statistical, bookkeeping, accounting, data processing, or any similar
purpose.

Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited
by the client.

Rule 21.05 - A lawyer shall adopt such measures as may be required to prevent those whose services are utilized by
him, from disclosing or using confidences or secrets of the clients.

Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client's affairs even with members of his family.
Rule 21.07 - A lawyer shall not reveal that he has been consulted about a particular case except to avoid possible
conflict of interest.

Quantum Meruit it means as much as he deserves, and is used as the basis for determining the lawyers
professional fees in the absence of a contract, but recoverable by him from his client. It is in line with the
fundamental principle against just enrichment at the expense of another.

Quantum Meruit is resorted to where:

1.) There is no express contract for payment of attorneys fees agreed upon between the lawyer and the
client
2.) When although there is a formal contract for attorneys fees, the stipulated fees are found
unconscionable or unreasonable by the court.
3.) When the contract for attorneys fees is void due to purely formal matters or defects of execution
4.) When the counsel, for justifiable cause, was not able to finish the case to its conclusion
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 5.) When lawyer and client disregard the contract for attorneys fees.

An attorney must show that he is entitled to reasonable compensation for the effort in pursuing the
clients cause, taking into account certain factors in fixing the amount of legal fees.

Contingent Fee vs Champertous Contracts

Contingent Fee- A contingent fee that is conditioned to the securing of a favorable judgment and
recovery of money or property and the amount of which may be on a percentage basis

Champertous Contracts (void) Lawyer stipulates with his client that in the prosecution of the case, he
will bear all the expenses for the recovery of things or property being claimed by the client and the latter
agrees to pay the former a portion of the thing/property recovered as compensation.

*** A champertous contract is void being contrary to public policy. It differs from a contingent fee in that, a
contingent fee may be paid in cash, whereas, a champerty can be paid only in kind. In contingent fee, the
counsel does not undertake to bear all the expenses of litigation, whereas in a champertous contract, there is
such an undertaking.

Retaining Lien Charging Lien

Passive Lien: It cannot be actively Active Lien: It can be enforced by

1. Nature enforced. It is a general lien execution. It is a special lien.

Lawful possession of papers, documents, Securing of a favorable money judgment for

2. Basis property belonging to client. the client.

Covers only papers, documents and

property in the lawful possession of the Covers all judgments for the payment of
attorney by reason of his professional money and executions issued in pursuance of
3. Coverage employment such judgments.

4. When Lien takes As soon as the attorney gets possession of As soon as the claim for attorneys fees had
effect the papers documents or property been entered into the records of the case

Client need not be notified to make it Client and adverse party must be notified to
5. Notice effective make it effective

Generally, it is exercisable only when the

May be exercised before judgment or attorney had already secured a favorable
6. Applicability execution or regardless thereof. judgment for his client

DISBARMENT OF LAWYERS
A disbarment proceeding is an investigation conducted by the Supreme Court, by the IBP or other authorized
body and Office of the Solicitor General. to determine the fitness of a lawyer to remain in the Roll of Attornies. The
ultimate authority to decide the matter of disbarment rests in the SC alone. The IBP investigates through its
Commission on Bar Discipline (CBD). The CBD is the investigating arm of the IBP.
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 The CA and RTC can investigate and take action only against lawyers who appear for litigants in cases pending
before them. They can ONLY investigate but NOT DISBAR.

Characteristics of Disbarment Proceedings:

*** SUI GENERIS- a class of its own.

1.) Neither a civil nor criminal proceedings;

2.) Double jeopardy cannot be availed of in a disbarment proceeding;
3.) It can be initiated motu propio by the SC or IBP. It can be initiated without a complaint;
4.) It is imprescriptible;
5.) Conducted confidentially;
6.) It can proceed regardless of the interest of the lack thereof on the part of the complainant;
7.) It constitutes due process.

Grounds for Disbarment or Suspension:

1.) Deceit;
2.) Malpractice or other gross misconduct in office;
3.) Grossly immoral conduct;
Grossly immoral is jurisprudentially defined as an act that is so corrupt to institute an offense. An act
committed under scandalous manner as to shock common sense of normal person or decency. It is willful,
flagrant and shameless to show moral indifferences.
4.) Conviction of a crime involving moral turpitude;
5.) Violation of oath of office or of the Lawyers Oath;
6.) Willful disobedience of any lawful order of a superior court;
7.) Corrupt or willful appearance as attorney for a party to case without authority to do so (Sec. 27, Rule 138,
RRC)

Procedure for Disbarment

***A complaint for disbarment may be filled directly to the SC, the IBP National Office or in any IBP Chapter
Offices in the country.

1.) Institution either by:

2.) the Supreme Court, motu proprio, or
3.) the IBP, motu proprio, or
4.) upon verified complaint by any person
5.) Six copies of the verified complaint shall be filed with the Secretary of the IBP or Secretary of any of its
chapter and shall be forwarded to the IBP Board of Governors.
6.) Investigation by the National Grievance Investigators.
7.) Submission of investigative report to the IBP Board of Governors.
8.) Board of Governors decides within 30 days. There is a need of Formal voting. A Vote of at least 5 members of
the Board is needed.
9.) Investigation by the Solicitor-General
10.) SC renders final decision for disbarment/suspension/dismissal.

***Quantum of Proof Required: CLEARLY PREPONDERANT evidence.

***Burden of Proof: Rests on the COMPLAINANT, the one who instituted the suit.

CASE DOCTRINES (Notary Public Cases)

PITOGO VS ATTY. SUELLO

The Court held that Notarization is not an empty, meaningless, routinary act. It is invested with such
substantial public interest that only those who are qualified or authorized may act as notaries public. Notarization
converts a private document into a public document, making that document admissible in evidence without further

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proof of its authenticity. For this reason, notaries must observe with utmost care the basic requirements in the
performance of their duties. Otherwise, the confidence of the public in the integrity of this form of conveyance
would be undermined.
A notarial register is prima facie evidence of the facts there stated. It has the presumption of regularity and
to contradict the veracity of the entry, evidence must be clear, convincing, and more than merely preponderant

ATTY. BARTOLOME VS ATTY. BASILIO

The Court held that The act of notarization is impressed with public interest. As such, a notary public must
observe the highest degree of care in complying with the basic requirements in the performance of his duties in order
to preserve the confidence of the public in the integrity of the notarial system.
Considering the evidentiary value given to the notarized documents, the failure of the notary public to record
the document in his notarial register is tantamount to falsely making it appear that the document was notarized
when, in fact, it was not.
A notary public exercises duties calling for carefulness and faithfulness. Notaries must inform themselves of
the facts they certify to; most importantly, they should not take part or allow themselves to be part of illegal
transactions. In line with this mandate, a notary public should not notarize a document unless the person who signed
the same is the very person who executed and personally appeared before him to attest to the contents and the truth
of what are stated therein. By failing in this regard, the notary public permits a falsehood which does not only
transgress the Notarial Rules but also Rule 1.01, Canon 1 of the Code of Professional Responsibility, which provides
that a lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct." Verily, a notarized document is,
by law, entitled to full faith and credit upon its face; and it is for this reason that a notary public must observe with
utmost care the basic requirements in the performance of his duties; otherwise, the public's confidence in the
integrity of a notarized document would be undermined.

***In this particular case the difference between Notarial Certificate and Jurat was laid down.
A notarial certificate, as defined in Section 8, Rule II of the Notarial Rules, requires a statement of the facts
attested to by the notary public in a particular notarization, viz.:

Notarial Rules, SEC. 8. Notarial Certificate. "Notarial Certificate" refers to the part of, or attachment to, a
notarized instrument or document that is completed by the notary public, bears the notary's signature and seal, and
states the facts attested to by the notary public in a particular notarization as provided for by these Rules.

Meanwhile, a jurat is, among others, an attestation that the person who presented the instrument or
document to be notarized is personally known to the notary public or identified by the notary public through
competent evidence of identity as defined by the Notarial Rules:

Notarial Rules SEC. 6. Jurat. "Jurat" refers to an act in which an individual on a single occasion: (***It is a
unilateral act, contains the words Subscribed and Sworn before me; found only in Verifications, Sworn
Statements, Affidavits and Certifications and NEVER applies to contracts)
(a) appears in person before the notary public and presents an instrument or document;
(b) is personally known to the notary public or identified by the notary public through competent evidence of
identity as defined by these Rules;
(c) signs the instrument or document in the presence of the notary; and
(d) takes an oath or affirmation before the notary public as to such instrument or document.

MILLER vs ATTY. MIRANDA

A notary public is empowered to perform a variety of notarial acts, most common of which are the
acknowledgement and affirmation of documents or instruments. In the performance of these notarial acts, the notary
public must be mindful of the significance of the notarial seal affixed on documents. The notarial seal converts a
document from a private to a public instrument, after which it may be presented as evidence without need of proof
of its genuineness and due execution. Thus, notarization should not be treated as an empty, meaningless or routinary
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act. A notary public exercises duties calling for carefulness and faithfulness. Notaries must inform themselves of the
facts they certify to; most importantly, they should not take part or allow themselves to be part of illegal transactions.

The important role a notary public performs cannot be overemphasized. The Court has repeatedly stressed
that notarization is not an empty, meaningless routinary act, but one invested with substantive public interest.
Notarization converts a private document into a public document, making it admissible in evidence without further
proof of its authenticity. Thus, a notarized document is, by law, entitled to full faith and credit upon its face. It is for
this reason that a notary public must observe with utmost care the basic requirements in the performance of his
notarial duties; otherwise, the public's confidence in the integrity of a notarized document would be undermined.

In view of such importance, the Notarial Law and the 2004 Rules on Notarial Practice require a duly
commissioned notary public to make the proper entries in his Notarial Register and to refrain from committing any
dereliction or any act which may serve as cause for the revocation of his commission or the imposition of
administrative sanctions.

***Acknowledgment is a bilateral act. It applies to deeds, conveyances, lease and mortgages.

GIMENO vs ATTY. ZAIDE

Section l(a), Rule VI of the Notarial Practice Rules provides that "a notary public shall keep, maintain, protect
and provide for lawful inspection as provided in these Rules, a chronological official notarial register of notarial acts
consisting of a permanently bound book with numbered pages." The same section further provides that "a notary
public shall keep only one active notarial register at any given time."

The Notarial Practice Rules strictly requires a notary public to maintain only one active notarial register and
ensure that the entries in it are chronologically arranged. The "one active notarial register" rule is in place to deter a
notary public from assigning several notarial registers to different offices manned by assistants who perform notarial
services on his behalf.

Since a notarial commission is personal to each lawyer, the notary public must also personally administer the
notarial acts that the law authorizes him to execute. This important duty is vested with public interest. Thus, no other
person, other than the notary public, should perform it.

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