Traya v. Villamor A.C. No. 4595, 06 February 2004

Facts: Atty. Villamor notarized an affidavit of a certain Engineer Cynthia De la Cruz who was residing abroad. Hence, Mayor Traya Jr. filed this complaint. IBP found that Atty. Villamor failed to observe the proper procedure in determining if a person appearing before him is the same person who executed the document presented for notarization.

Issue: Whether or not Atty. Villamor should be held administratively liable.

Decision: Yes. It is the duty of the notarial officer to demand that the document presented to him for notarization should be signed in his presence. Atty. Villamor is guilty of gross misconduct in his notarial practice. Accordingly, he is perpetually disqualified from being commissioned as a notary public.

Credit to:
Case Digest Author
Lenard L. Bautista
Arellano University School of Law

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