20. DeJesus v.

Sanchez-Malit

A.C. No. 6470; July 8, 2014

Sereno, C.J.:

FACTS:
On March 1, 2002, the respondent Atty. Juvy Mell Sanchez-Malit drafted and notarized a Real Estate
Mortgage falsely naming the complainant Mercedita de Jesus as the absolute and registered owner of a
public market stall.
This resulted in the complainant being sued for perjury and for a sum of money.
The complainant alleged that the respondent, being a consultant of the local government unit, was aware
that the market stall was government-owned.
The complainant submitted additional evidence, including Special Powers of Attorney (SPAs) notarized
by the respondent and an Affidavit of the complainant's secretary/treasurer, which corroborated the
allegations against the respondent.

ISSUE:

Whether or not the respondent committed grave misconduct, dishonesty, malpractices, and
unworthiness to become an officer of the Court.

RULING:

The Court found that the respondent committed misconduct and violated her oath as a notary public.

The Court emphasized the importance of notarization and the public's confidence in notarized
documents.

The respondent's act of falsely naming the complainant as the absolute and registered owner of a public
market stall in a notarized document resulted in legal consequences for the complainant, including being
sued for perjury and for a sum of money.

The respondent's notarization of two contracts without the necessary signatures and without advising
the complainant of the property's restrictions showed a lack of diligence and professionalism.