FACTS:

Atty. Florita S. Linco filed an administrative complaint against Atty. Jimmy D. Lacebal for failing to fulfill his duty as a notary public, resulting in a violation of their property rights. The complaint arises from a deed of donation allegedly executed by Atty. Linco in favor of Alexander David T. Linco, a minor. However, the notarial acknowledgment indicated that Atty. Linco appeared before Atty. Lacebal on July 30, 2003, even though Atty. Linco had already passed away on July 29, 2003. As a consequence, the Register of Deeds of Antipolo City invalidated the original title and issued a new one in the name of Alexander David T. Linco. Atty. Linco asserted that the act of Atty. Lacebal, together with another party, was a violation of their rights.

In his defense, Atty. Lacebal admitted to notarizing the deed of donation, claiming that Atty. Linco had asked him to do so before passing away. The Integrated Bar of the Philippines' Commission on Bar Discipline found Atty. Lacebal guilty of violating the Notarial Law and the Code of Professional Responsibility. It recommended a one-year suspension from the practice of law and the revocation of his notarial commission.

ISSUES:

1. Whether or not Atty. Jimmy D. Lacebal violated the Notarial Law and the Code of Professional Responsibility by notarizing a deed of donation after the death of the donor.

RULING:

1. Yes, Atty. Jimmy D. Lacebal violated the Notarial Law and the Code of Professional Responsibility by notarizing a deed of donation after the death of the donor.

PRINCIPLES:

• The acknowledgement portion of a deed of donation where the notary public acknowledges that the grantor "personally came and appeared" before him/her must be true and not false.

• The acts of a notary public must be in compliance with the Notarial Law and Code of Professional Responsibility.

• Lawyers are bound by their oath to obey the laws and not engage in falsehoods.