FACTS: Victor
D. Nunga, president of the Masantol Rural Bank filed a complaint for disbarment
against Atty. Venancio M. Viray on the ground of gross and serious misconduct
for notarizing documents when he was not commissioned to do so at the time the
said documents were executed. . After issues were joined, the Integrated Bar
of the Philippines conducted an investigation. The report showed that
respondent Viray notarized a deed of absolute sale when he was not duly
commissioned as notary public as of that date. Respondent alleged
that from 1965 to date he was always commissioned as notary public. .
According to respondent, there was no year in his practice of law that he was
not commissioned as notary public. He further explained that in the alleged
documents, he had PTR for that purpose and therefore, he would not have
obtained a commission without the PTR. The Undersigned noted after going over the records
of the case that although both parties were required to submit their respective
memorand[a], only complainant complied with the order.
ISSUE: Whether or not respondent’s
act is a valid ground for disbarment.
HELD: YES. Notarization is invested
with public interest because it converts a private document into a public one,
making such documents admissible in evidence without further proof of the
authenticity thereof. Notarizing without commission is a violation of the
lawyer’s oath to obey the laws (the Notarial Law) and by making it appear that
he is so authorized is a deliberate falsehood which violates the lawyer’s oath
and of Rule 1.01 of Canon 1 of the Code of Professional Responsibility,
which provides: “A lawyer shall not
engage in unlawful, dishonest, immoral or deceitful conduct.”
WHEREFORE, the Court hereby adopts the findings and
conclusions of Investigating Commissioner Lydia A. Navarro, which the Board of
Governors of the Integrated Bar of the Philippines adopted and approved, but
MODIFIES the penalty recommended by the said Board of Governors. As modified, respondent ATTY. VENANCIO VIRAY
is hereby BARRED from being commissioned as notary public for THREE (3) years
and his present commission, if any, is revoked, and SUSPENDED from the practice
of law also for THREE (3) years.
