View full case

VICTOR NUNGA v. ATTY. VENANCIO VIRAY

FACTS:

Victor Nunga filed a complaint for disbarment against Atty. Venancio Viray, alleging that Viray notarized documents without having a commission to do so. Specifically, Nunga claimed that Viray notarized a deed of absolute sale for a property in Kalookan City, despite not being duly commissioned as a notary public at that time. Nunga further argued that the buyer of the property, Jesus Carlo Gerard M. Viray, was a minor and should have been represented by a guardian in the transaction. Nunga also alleged that Viray and his wife used the same property as collateral for a loan, again with Viray not being commissioned as a notary public.

In response to the allegations, Viray denied them and argued that the sale of the property to his son was done in good faith and complied with all legal requirements. He claimed that he has always been commissioned as a notary public and that he would not have obtained a commission without the necessary documents.

During the investigation, it was noted that only Nunga submitted a memorandum and provided evidence to support his claims. Nunga submitted certifications and orders from the Clerk of Court and presiding judges, which contradicted Viray's claim of being a commissioned notary public since 1965. Additionally, Nunga provided a resolution dismissing cases against him and his father and a copy of the title showing annotations made by Viray in the notarial register in 1991.

Based on the investigation, it was found that there was no proof that Viray was commissioned as a notary public in 1987 and 1991, the years when the documents in question were notarized by Viray.

ISSUES:

  1. s respondent Atty. Venancio Viray guilty of grave misconduct for notarizing documents without a commission to do so?

RULING:

  1. Yes, respondent Atty. Venancio Viray is guilty of grave misconduct for notarizing documents without a commission to do so.

PRINCIPLES:

  • Notarization of documents must be done by a person who has a valid commission as a notary public.

  • Notarizing documents without a valid commission is considered grave misconduct and is an unethical and unprofessional act for a lawyer.