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ROSALINDA BERNARDO VDA DE ROSALES vs. ATTY. RAMOS

A.C. No. 5645 ; July 2, 2002

ACTS!

This is a case for disbarment for Atty. Ramos by the NBI in behalf of the petitioner forviolation of Act. No. 2711 or the Notarial Law. This case stemmed from the borrowin of

the oriinal title to a parcel of land in !aco"#anila by petitioner$s brother" #an%el.

&hen petitioner wanted to recover the title" her brother ref%sed. As remedy" petitionerRosalinda e'ec%ted an affidavit of loss and presented it to the Reister of (eeds of

#anila. )owever" to her s%rprise" the Reister of (eeds informed her that the title to the

s%b*ect land has already been transferred to her brother" #an%el" via a deed of Absol%te

+ale to which Atty. Ramos notari,ed.

This prompted Rosalinda to file with the NBI a complaint for falsification of p%blic

doc%ments aainst Atty. Ramos. Respondent prayed for the dismissal of the complaint

since accordin to him he only inadvertently sined the p%rportedDeed of Absolute Saleand-or that his sinat%re was proc%red thro%h mistae" fra%d" %nd%e infl%ence or

e'c%sable nelience" claimin that he simply relied on the ass%rances of #an%el that the

doc%ment wo%ld not be %sed for p%rposes other than a loan between brother and sister"

and that he affi'ed his sinat%re thereon with %tmost ood faith and witho%t intendin toobtain personal ain or to ca%se damae or in*%ry to another.

"ELD!

A notary p%blic sho%ld not notari,e a doc%ment %nless the persons who sined the same

are the very same persons who e'ec%ted and personally appeared before him to attest tothe contents and tr%th of what are stated therein. The p%rpose of this re/%irement is to

enable the notary p%blic to verify the en%ineness of the sinat%re of the acnowledin

party and to ascertain that the doc%ment is the party0s free act and deed.

&e tae note of respondent0s admission in his Answer that he had affi'ed his sinat%re inthe p%rportedDeed of Absolute Saleb%t he did not enter it in his notarial reistry. This is

clearly in violation of the Notarial Law for which he m%st be disciplined.

Respondent allees that he merely sined theDeed of Absolute Saleinadvertently andthat his sinat%re was proc%red thro%h mistae" fra%d" %nd%e infl%ence or e'c%sablenelience as he relied on the ass%rances of #an%el A. Bernardo" a kababayanfrom

!ampana" that the doc%ment wo%ld not be %sed for any illeal p%rpose.

&e cannot honor" m%ch less ive credit to this alleation. That respondent notari,ed the

doc%ment o%t of sympathy for his kababayanis not a leitimate e'c%se. It is appallinthat respondent did away with the basics of notarial proced%re in order to accommodate

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the alleed need of a friend and client. In doin so" he displayed a decided lac of respect

for the solemnity of an oath in a notarial doc%ment.

#"EREORE" for lac of dilience in the observance of the Notarial Law" thecommission of respondent Atty. #ario . Ramos as Notary !%blic" if still e'istin" is

REVO$ED and thereafter Atty. Ramos sho%ld be DIS%&ALIIED fromreappointment to the office of Notary !%blic.

Respondent Atty. #ario . Ramos is also S&S'ENDED from the practice of law for aperiod of si' 34 months effective immediately. )e is DIRECTED to report to this 5o%rt

his receipt of this (ecision to enable it to determine when his s%spension shall have

taen.