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    Malvar Vs Atty Baleros

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    Alex Rabanes
    This case involved a complaint filed by Dr. Malvar against Atty. Baleros for falsifying an "Application for Certification of Alienable and Disposable Land" by notarizing Dr. Malvar's signature when he was not present. The IBP ruled that Atty. Baleros be disqualified from being a notary public for 2 years and suspended from practicing law for 6 months. The Court agreed that Atty. Baleros violated notarial rules by notarizing the document without Dr. Malvar present and failing to verify his identity. As a result, Atty. Baleros' notarial commission was revoked and she was disqualified from reappointment as a notary public for 2 years, in addition to

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    Malvar Vs Atty Baleros

    Uploaded by

    Alex Rabanes
    1K views1 page
    This case involved a complaint filed by Dr. Malvar against Atty. Baleros for falsifying an "Application for Certification of Alienable and Disposable Land" by notarizing Dr. Malvar's signature when he was not present. The IBP ruled that Atty. Baleros be disqualified from being a notary public for 2 years and suspended from practicing law for 6 months. The Court agreed that Atty. Baleros violated notarial rules by notarizing the document without Dr. Malvar present and failing to verify his identity. As a result, Atty. Baleros' notarial commission was revoked and she was disqualified from reappointment as a notary public for 2 years, in addition to

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    Malvar vs Atty Baleros

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    This case involved a complaint filed by Dr. Malvar against Atty. Baleros for falsifying an "Application for Certification of Alienable and Disposable Land" by notarizing Dr. Malvar's signature when he was not present. The IBP ruled that Atty. Baleros be disqualified from being a notary public for 2 years and suspended from practicing law for 6 months. The Court agreed that Atty. Baleros violated notarial rules by notarizing the document without Dr. Malvar present and failing to verify his identity. As a result, Atty. Baleros' notarial commission was revoked and she was disqualified from reappointment as a notary public for 2 years, in addition to

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    1K views1 page

    Malvar Vs Atty Baleros

    Uploaded by

    Alex Rabanes
    This case involved a complaint filed by Dr. Malvar against Atty. Baleros for falsifying an "Application for Certification of Alienable and Disposable Land" by notarizing Dr. Malvar's signature when he was not present. The IBP ruled that Atty. Baleros be disqualified from being a notary public for 2 years and suspended from practicing law for 6 months. The Court agreed that Atty. Baleros violated notarial rules by notarizing the document without Dr. Malvar present and failing to verify his identity. As a result, Atty. Baleros' notarial commission was revoked and she was disqualified from reappointment as a notary public for 2 years, in addition to

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Alexandria B.

    Rabanes

    Malvar vs. Baleros


    A.C. No. 11346
    08 March 2017

    Facts: Dr. Malvar claimed that Atty. Baleros, by notarizing an assailed “Application for
    Certification of Alienable and Disposable Land”, made it appear that he executed the same
    when in truth, he never went to the office of the latter since he was in Manila at the time of the
    alleged notarization and was busy performing his duties as a doctor.

    Accordingly, Dr. Malvar filed a disbarment complaint against Atty. Baleros for acts amounting
    to grave misconduct consisting of falsification of public documents. On the other hand, Atty.
    Baleros argued that the charges filed against her were all part of Dr. Malvar’s scheme to avoid
    his obligations to the buyer of his lot.

    The IBP in its Resolution ruled that Atty. Baleros is DISQUALIFIED from being commissioned
    as a Notary Public for two (2) years and SUSPENDED from the practice of law for six (6)
    months.

    Issue: Whether or not administrative liability should attach to the respondent by reason of
    falsifying the Application for Certification of Alienable and Disposable Land and notarizing of
    the aforesaid document in the absence of the complainant.

    Held: Yes. The Court concurs with the conclusion of Commissioner Esquivel that the
    respondent violated several provisions of the Notarial Rules.

    The unsubstantiated claim of the respondent that the complainant appeared before her and
    signed the contested document in her presence cannot prevail over the evidence supplied by
    the complainant pointing that it was highly improbable if not impossible for him to appear
    before the respondent on the date so alleged that the subject document was notarized.

    The respondent indeed transgressed Section 2(b) of Rule IV of the Notarial Rules by affixing
    her official signature and seal on the notarial certificate of the affidavit contained in the
    Application for Certification of Alienable and Disposable Land in the absence of the
    complainant and for failing to ascertain the identity of the affiant.

    Aside from forbidding notarization without the personal presence of the affiant, the Notarial
    Rules demands the submission of competent evidence of identity such as an identification
    card with photograph and signature which requirement can be dispensed with provided that
    the notary public personally knows the affiant.

    The respondent’s acts constitute dereliction of a notary public's duties which warrants the
    revocation of a lawyer's commission as a notary public.

    Hence, Atty. Baleros shall be made liable not only as a notary public who failed to discharge
    her duties but also as a lawyer who exhibited utter disregard to the integrity and dignity he
    owed to the legal profession.

    WHEREFORE, respondent Atty. Cora Jane P. Baleros is GUILTY of violating the 2004 Rules
    on Notarial Practice, the Code of Professional Responsibility and the Lawyer's Oath. Her
    notarial commission, if still existing, is hereby REVOKED, and she is
    hereby DISQUALIFIED from reappointment as Notary Public for a period of two (2) years. She
    is likewise SUSPENDED from the practice of law for six (6) months effective immediately.
    Further, she is WARNED that a repetition of the same or similar acts in the future shall be
    dealt with more severely.

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