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BERNARD N. JANDOQUILE v. ATTY. QUIRINO P. REVILLA

FACTS:

Complainant Bernard Jandoquile filed a disbarment complaint against respondent Atty. Quirino Revilla, Jr. It is undisputed that Atty. Revilla, Jr. notarized a complaint-affidavit signed by his relatives within the fourth civil degree of affinity. This act is in violation of Section 3(c), Rule IV of the 2004 Rules on Notarial Practice. Jandoquile also alleges that Atty. Revilla, Jr. did not require the affiants to present valid identification cards.

ISSUES:

  1. Whether Atty. Revilla, Jr.'s act of notarizing a document signed by his relatives within the fourth civil degree of affinity is a ground for disbarment.

  2. Whether Atty. Revilla, Jr. is liable for not requiring the affiants to present valid identification cards.

RULING:

  1. The court found that Atty. Revilla, Jr. violated the disqualification rule under Section 3(c), Rule IV of the 2004 Rules on Notarial Practice. However, his violation is not a sufficient ground for disbarment. Although Atty. Revilla, Jr. acted as counsel for the affiants, he still signed the document as a notary public, making him subject to the disqualification rule.

  2. On the second charge, the court held that Atty. Revilla, Jr. cannot be held liable. If the notary public knows the affiants personally, he need not require them to show valid identification cards. However, Atty. Revilla, Jr. should have indicated this fact in the "jurat" of the complaint-affidavit.

  3. The court concluded that Atty. Revilla, Jr.'s violation does not warrant disbarment. They referred to a previous case where the respondent notary public was reprimanded and disqualified from being commissioned as a notary public for six months. Considering the single violation committed by Atty. Revilla, Jr., the court imposed a less severe punishment of reprimand and disqualification from being a notary public for three months.

PRINCIPLES:

  • A notary public is disqualified from performing a notarial act if he is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the principal within the fourth civil degree (Section 3(c), Rule IV, 2004 Rules on Notarial Practice).

  • If the notary public knows the affiants personally, he need not require them to show valid identification cards (Section 6, Rule II, 2004 Rules on Notarial Practice).

  • Violation of the disqualification rule is not a sufficient ground for disbarment. A less severe punishment, such as reprimand and temporary suspension, may suffice (Maria v. Cortez).