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MAXIMINO GAMIDO Y BUENAVENTURA v. NEW BILIBID PRISONS OFFICIALS

FACTS:

Atty. Icasiano M. dela Rea was required to show cause why no disciplinary action should be taken against him for making it appear in the jurat of a petition that the petitioner subscribed the verification and swore to before him as a notary public when in truth and in fact the petitioner did not. In his explanation, Atty. dela Rea admitted having executed the jurat without the presence of the petitioner and claimed that he did so in the honest belief that it would be alright since it was a jurat and not an acknowledgement. He also mentioned that he attempted to have the document signed by the petitioner but could not do so due to strict rules and regulations of the New Bilibid Prisons. It was revealed that Atty. dela Rea had prior acquaintance and friendship with the petitioner. The Court found Atty. dela Rea's explanation unsatisfactory and fined him for grave misconduct.

ISSUES:

  1. Whether Atty. Icasiano M. dela Rea should be held liable for making it appear in the jurat of the petition that the petitioner subscribed the verification and swore to before him, as notary public, when in truth and in fact the petitioner did not.

  2. Whether Atty. dela Rea's explanation is satisfactory or not.

RULING:

  1. Atty. Icasiano M. dela Rea is held liable for grave misconduct for making it appear in the jurat of the petition that the petitioner subscribed and swore to before him, when in fact the petitioner did not. This act violates the solemn duties of a notary public and the legal solemnity of an oath in a jurat.

  2. Atty. dela Rea's explanation is found to be unsatisfactory, although his spontaneous voluntary admission is considered in mitigation of his liability.

PRINCIPLES:

  • Notaries public and others authorized by law to administer oaths or take acknowledgments should not take for granted their solemn duties, which are dictated by public policy and impressed with public interest.

  • A jurat requires the affiant to sign the document in the presence of and take his oath before a notary public or any other person authorized to administer oaths.

  • If a party acknowledges a document, he must appear before the notary public or any other person authorized to take acknowledgments of instruments or documents. The person acknowledging must be known to the notary public or the officer taking the acknowledgment, and the acknowledgment must be certified under the official seal of the notary public.