FACTS:

Complainants, Pastor Edwin Villarin, Paciano de Veyra, Sr., and Bartolome Evarolo, Sr., filed a complaint seeking administrative sanctions against respondent Atty. Restituto Sabate, Jr., a notary public, for alleged lack of honesty and utmost care in the performance of his duties. The complaint stemmed from a Motion to Dismiss with Answer filed by respondents in a Securities and Exchange Commission (SEC) case, which was prepared and notarized by Atty. Sabate, Jr. The verification of the pleading contained the signatures of the affiants, including Lilian Diaz who signed for her husband Paterno Diaz, and Atty. Sabate, Jr. Respondents alleged that they authorized Atty. Sabate, Jr. to sign for them, while complainants argued that the signatures were not genuine and that Atty. Sabate, Jr. made it appear that said persons participated in the act when they did not. The Integrated Bar of the Philippines recommended the suspension of Atty. Sabate, Jr. from his Commission as a Notary Public for six months, and the Board of Governors adopted this recommendation. The Court noted that Atty. Sabate, Jr. notarized the pleading and signed the verification for his clients, and while he may have acted in good faith, his failure to state that the clients were represented by designated attorneys-in-fact and his own signing of the verification as a notary public were unconstitutional. Thus, Atty. Sabate, Jr. was suspended from his Commission as a Notary Public for one year.

ISSUES:

1. Whether or not Atty. Restituto Sabate, Jr. should be administratively sanctioned for his failure to observe honesty and utmost care in his duties as a notary public.

RULING:

1. Yes, Atty. Restituto Sabate, Jr. should be administratively sanctioned for his failure to observe honesty and utmost care in his duties as a notary public. He notarized a motion to dismiss and answer in which he signed on behalf of three respondents without stating that they were represented by authorized attorneys-in-fact. This act goes against the purpose of notarization, which is to minimize fraud. Moreover, as a lawyer commissioned as a notary public, he is mandated to subscribe to the duties and responsibilities of his office. Therefore, Atty. Sabate, Jr. is suspended from his Commission as Notary Public for a period of one (1) year.

PRINCIPLES:

• A notary public should not notarize a document unless the persons who signed it are the same persons who executed and personally appeared before the notary public. Representations through representatives are not valid for notarization.

• The function of a notary public is to guard against any illegal or immoral arrangements. If the notary public is one of the signatories to the instrument, it defeats the purpose of notarization and places the notary public in an inconsistent position.

• The duty of a lawyer commissioned as a notary public is to faithfully observe and respect the legal solemnity of the oath in an acknowledgement or jurat. Failure to exercise due diligence in upholding this duty may result in administrative sanctions.