DOLORES L. DELA CRUZ, MILAGROS L. PRINCIPE, NARCISA L.

FAUSTINO, JORGE V. LEGASPI, and JUANITO V. LEGASPI ,

complainants, vs . ATTY. JOSE R. DIMAANO, JR., respondent.

A.C. No. 7781. September 12, 2008

Facts

The complainants filed a disbarment case against the respondent for having notarized Extrajudicial
Settlement of the Estate with Waiver of Rights purportedly executed by them and their sister,
Zenaida V.L. Navarro. According to complainants, respondent had made untruthful statements in the
acknowledgment portion of the notarized document when he made it appear, among other things,
that complainants "personally came and appeared before him" and that they affixed their signatures
on the document in his presence. In his answer, the respondent explained that "he notarized [the]
document in good faith relying on the representation and assurance of Zenaida Navarro that the
signatures and the community tax certificates appearing in the document were true and correct. The
IBP resoled to suspend the respondent from the practice of law for one year, revocation of his
notarial commission, and disqualification for reappointment as notary public for two (2) years.

Issue

Whether or not the respondent violated the notarial law.

Ruling

Yes, the respondent violated the notarial law. Notaries public should refrain from affixing their
signature and notarial seal on a document unless the persons who signed it are the same individuals
who executed and personally appeared before the notaries public to attest to the truth of what are
stated therein. Lawyers commissioned as notaries public are mandated to discharge with fidelity the
duties of their offices, such duties being dictated by public policy and impressed with public interest.

Relevance of the case to Legal Forms

Yes, the case is applicable to the Legal Forms. It tackles the legal consequences of non-adherence
to the express mandate contained in the Acknowledgement form. In the recitals of the
Acknowledgment form, it is mandatory that physical presence of the signatory of the document is
required so as to enable the notary public to verify the identity of the person who personally
appeared and whose signature is affixed in the document. Failure of the notary public in adhering to
the letters of the Acknowledgment is contrary to the notarial law and will give rise to administrative
discipline of suspension in the practice of law and revocation of notarial commission.