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REVOCATION AND
ADMINISTRATIVE SANCTIONS
Grounds
VIOLATION OF NOTARIAL
3. Any ground on which an application
RULES for a commission may be denied
Misconduct as notary public
(e.g., conviction at the first instance
2-fold penalty: 1st for the act and omission
as a notary public, and 2nd for act or
of a crime involving moral turpitude);
omission as a lawyer. 4. failure to keep a notarial register;
By applying for and having himself 5. failure to make the proper entry or
commissioned as notary public, a lawyer entries in his notarial register
assumes these duties in a dual capacity, in
concerning his notarial acts;
the non-performance of which duties he may
be disciplined as a member of the bar. He
6. failure to send the copy of the entries
may be held to account as a lawyer for an to the Executive Judge within the first
act as a notary public of a disgraceful or ten (10) days of the month following;
immoral character even to the extent of the 7. failure to affix to acknowledgments
the date of expiration of his this case was void for being
commission; defectively- notarized.
8. failure to submit his notarial register,
when filled, to the Executive Judge; The act of notarizing documents
9. failure to make his report, within a outside one's area of commission is
reasonable time, to the Executive not to be taken lightly. Aside from
Judge concerning the performance being a violation of Sec. 11 of the
of his duties, as may be required by 2004 Rules on Notarial Practice, it
the judge; also partakes of malpractice of
10. failure to require the presence of a law and falsification.
principal at the time of the notarial
act; Notarizing documents with an
11. failure to identify a principal on the expired commission is a violation of
basis of personal knowledge or the lawyer's oath to obey the laws,
competent evidence; more specifically, the 2004 Rules on
12. executing a false or incomplete Notarial Practice. Since the public is
certificate; deceived into believing that he has
13. knowingly performing or failing to been duly commissioned, it also
perform any other act prohibited or amounts to indulging in deliberate
mandated by the 2004 Notarial falsehood, which the lawyer's oath
Rules; and proscribes.
14. committing any other dereliction or
act which in the judgment of the Notarizing documents without the
Executive Judge constitutes good presence of the signatory to the
cause for revocation of commission document is a violation of Sec. 2(b)
or imposition of administrative (1), Rule IV of the 2004 Rules on
sanction.(Notarial Law, Rule XI Notarial Practice, Rule 1.01 of the
Section 1[a] and 1[b]). Code of Professional Responsibility,
and the lawyer's oath which
unconditionally requires lawyers not
Guerrero v. Bihis (G.R. No. 174144, to do or declare any falsehood.
2007), a notary public commissioned
for and in Caloocan City notarized a Finally, Atty. Quintana is personally
will in Quezon City. The Supreme accountable for the documents that
Court held that the notary public had he admitted were signed by his
no authority to notarize documents in wife. He cannot relieve himself of
Quezon City, and therefore the will in liability by passing the blame to his
wife. He is, thus, guilty of violating
Canon 9 of the Code of Professional
Responsibility, which requires
lawyers not to directly or indirectly
assist in the unauthorized practice of
law. Laquindanum v. Quintana (A.C.
No. 7036, June 29, 2009, En Banc)
OTHERS
Member of the bar may be disbarred or
suspended from his office as attorney by the
Supreme Court for any deceit, malpractice,
or other gross misconduct in such office,
grossly immoral conduct or by reason of his
conviction of a crime involving moral
turpitude, or for any violation of the oath
which he is required to take before
admission to practice, or for a willful
disobedience of any lawful order of a
superior court, or for corruptly or willfully
appearing as an attorney for a party to a
case without authority so to do. The practice
of soliciting cases at law for the purpose of
gain, either personally or through paid
agents or brokers, constitutes malpractice.
Grounds for Discipline; in general (M.U.)
As a rule, a lawyer may be disciplined for
gross misconduct or malpractice or
unprofessional conduct (Rule 138, Sec.
27).
Malpractice ordinarily refers to any
malfeasance or dereliction of duty
committed by a lawyer. The practice of
soliciting cases at law for the purpose of
gain, either personally or through paid
agents or brokers, constitutes malpractice
(Id.).
Unprofessional Conduct in an attorney is
that which is unbecoming a member of that
profession.
**Enumerated grounds not exclusive lawyer for preferring or prosecuting false
>The enumeration is not exclusive. charges or complaints, it must be shown that
>A lawyer may be removed from office or the charges are false and the lawyer
suspended from the practice of law on the knows them to be so, in spite of which he
grounds other than those specifically nevertheless filed them. In short, the lawyer
provided in the law . must have been moved by malice or bad
>Any misconduct on the part of a lawyer in faith.
his professional or private capacity which
shows him to be wanting in moral character Introducing false evidence
may justify his suspension or removal from -a violation of his oath to do no falsehood
office even though the law does not specify nor consent to the doing of any in court
the acts as a ground for disciplinary action -constitutes a willful disregard of his solemn
(Mortel v. Aspiras, G.R. No. L- 9152, Dec. duty to act at all times in a manner
28, 1956) consistent with the truth