"x x x.
We agree with the IBP that the respondent’s Answer to the complaint, is virtually an admission that he failed to exercise the due diligence required of him in the performance of the duties of notary public. Such negligence can not be countenanced and definitely warrants sanction from the Court. In imposing the penalty, the Court is mindful that removal from the Bar should not really be decreed when any punishment less severe - reprimand, temporary suspension or fine - would accomplish the end desired.[17]
Considering the circumstances of the case, particularly the absence of bad faith and the fact that this is the first infraction lodged against him for the past 20 years, the Court finds that a suspension of six (6) months as notary public would suffice. The respondent, and for that matter, all notaries public, are hereby cautioned to be very careful and diligent in ascertaining the true identities of the parties executing the document before them, especially when it involves disposition of a property, as this Court will deal with such cases more severely in the future.[18]
WHEREFORE, premises considered, respondent Atty. Wilfredo R. Cortez is hereby REPRIMANDED and DISQUALIFIED from being commissioned as Notary Public for six (6) months.
SO ORDERED.
x x x."
No comments:
Post a Comment