FACTS:

Complainant Atty. Miniano B. Dela Cruz filed a letter-complaint for disbarment against respondent Atty. Alejandro P. Zabala. Complainant alleged that respondent notarized a fake deed of sale executed by two dead people, in violation of his duty as a notary public. Complainant further alleged that he became involved in the matter when he was retained by a certain Demetrio Marero to handle the filing of a petition for the issuance of a duplicate original of the owner's copy of title. Complainant eventually purchased the property and discovered that it was already registered under a different name. Complainant filed this complaint against respondent to clear his name from the disbarment case filed against him.

ISSUES:

1. Whether or not respondent violated his duty as a notary public by notarizing a fake deed of sale executed by two dead people.

2. Whether or not respondent should be disbarred.

RULING:

1. The Supreme Court found respondent guilty of gross negligence in his conduct as a notary public. The Court revoked his notarial commission and disqualified him from being commissioned as a notary public for a period of two years. Respondent was also directed to show cause why he should not be subject to disciplinary action as a member of the Bar.

PRINCIPLES:

• Notarization is invested with substantive public interest and must be done with utmost care. It converts a private document into a public document, making it admissible in evidence without further proof of authenticity.

• A notary public should not notarize a document unless the persons who signed the same are the very same persons who executed and personally appeared before him. The function of a notary public is to guard against any illegal or immoral arrangements.

• A notary public is mandated to discharge his duties with faithful observance and utmost respect for the legal solemnity of an oath in an acknowledgment or jurat. Failure to do so constitutes gross negligence in the performance of duty as a notary public.