Professional Documents
Culture Documents
3/10/2016
Table of Contents
Acknowledgment --------------------------------2
Affirmation/Oath --------------------------------3
Jurat --------------------------------5
Sign or Mark
Notarial Commission
1
REPUBLIC OF THE PHILIPPINES)
CITY OF CEBU ) SS.
ACKNOWLEDGMENT
BEFORE ME, a Notary Public for and in the City of Cebu this
March 7, 2016 personally appeared Juan Dela Cruz with
Passport bearing the number EB123456 issued on March 25,
2014 at Cebu City.
(sgd)
NOTARY PUBLIC
2
Roll of Attorney No. 678901
Doc. No. 1;
Page No. 1;
Book No. 1;
Series of 2016
3
REPUBLIC OF THE PHILIPPINES)
CITY OF CEBU ) S.S.
AFFIRMATION OR OATH
(sgd)
NOTARY PUBLIC
4
Doc. No. 1;
Page No. 1;
Book No. 1;
Series of 2016
COPY CERTIFICATION
(sgd)
5
NOTARY PUBLIC
Doc. No. 1;
Page No. 1;
Book No. 1;
Series of 2016
JURAT
6
(sgd)
NOTARY PUBLIC
Doc. No. 1;
Page No. 1;
Book No. 1;
Series of 2016
7
SIGNATURE WITNESSING
BEFORE ME, a Notary Public in and for the City of Cebu, this
March 7, 2016, personally appeared Juan Dela Cruz who
presented to me a Deed of Sale which he voluntarily signed
in my presence.
(sgd)
NOTARY PUBLIC
8
Doc. No. 1;
Page No. 1;
Book No. 1;
Series of 2016
(sgd)
Jose Abad Santos
Signature affixed by notary in the presence of Clark Reid and
Leah Lustre, both a resident Mabolo, Cebu City.
(sgd) (sgd)
Clark Reid Leah Lustre
TIN: 123-456-456-000 TIN: 789-456-123-000
(sgd)
NOTARY PUBLIC
9
Notarial Commision No. 12345
Doc. No. 1;
Page No. 1;
Book No. 1;
Series of 2016
SIGNATURE BY THUMBMARK
(sgd) (sgd)
Clark Reid Leah Lustre
TIN: 123-456-456-000 TIN: 789-456-123-000
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person who personally made the thumb mark before me the
foregoing affidavit and acknowledged that he executed to
me.
(sgd)
NOTARY PUBLIC
Doc. No. 1;
Page No. 1;
Book No. 1;
Series of 2016
11
TERRITORIAL JURISDICTION OF THIS
HONORABLE COURT
Application No. :
__________
PETITION
Nationality : Filipino
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2. He has satisfactorily completed the required course
in law at the University of San Carlos, Cebu City on April 10,
2014; passed the Bar Examinations of September, 2014 and
admitted to the practice of law in April 11, 2015; A
photocopy of Petitioners Certificate of Membership in the
Philippine Bar issued by the Office of the Bar Confidant is
attached as Annex A of this petition; He holds office at the
following address:
13
Attached hereto is a separate sheet of paper and forms
part of this petition containing three (3) specimens of
petitioners signature.
14
Roll No. 36617
MCLE Compliance No.: III-0007418
PTR No 875649 January 6, 2016,
Cebu City
IBP No. 567022 Lifetime
Cebu Province
15
VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING
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SUSBCRIBED AND SWORN TO before me, a notary in
the Province and City of Cebu, personally appeared above-
named with his Passport Number as shown above, who is
personally known to me to be the same and/or identified
through competent evidence of identity as defined by Rules
on Notarial Practice, who presented the foregoing instrument
and signed the instrument in my presence, and who took an
oath before me as to such instrument.
Doc. No. 1;
Page No. 1;
Book no. 1;
Series of 2015
__________________________
__________________________
___________________________
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1.) Mr. X, a notary public commissioned in the RTC of Cebu as such, went to
Bantayan Island, north part of the island of Cebu, for a short vacation with his
family. While in the resort where they stayed for their vacation, he met a group of
businessmen on their business trip. The businessmen were trying to close a deal
over the purchase of a beach lot, upon reaching to an agreement with the seller the
businessmen wanted to immediately execute the Deed of Sale over the lot to seal
the deal. Upon finding out that Mr. X was a lawyer, they approached Mr. X, who
was relaxing by the beach, and asked him if he could make the Deed for them,
Mr. X, a very accommodating lawyer, took his laptop and started to draft the
Deed. Upon completion he even notarized the said Deed.
Reason for violation: Under the Rules on Notarial Practice, a notary public shall not
perform a notarial act outside his territorial jurisdiction. Bantayan Island was far from
within his territorial jurisdiction, which is co-extensive with the territorial jurisdiction
of the RTC of Cebu City.
2.) Mr. X, a notary public, was approached by a good friend, Mr. Y, in the formers
office. Mr. Y was bringing with him a Deed of Donation allegedly executed by his
(Mr. Y) father donating the latters 10 hectares land to Mr. Y. Mr. Y brought the
Deed to Mr. X for the latter to notarize, and requested Mr. X to notarize it
notwithstanding the fact that Mr. Ys father could not be present during the
notarization.
Reason for violation: The Rules on Notarial Practice requires a notary public to
perform a notarial act if and only if it is done in the presence of the signing parties on
the Deed.
3.) A notary public notarized a Deed of Sale of two individuals, not personally known
to the notary public, who went to his office claiming to have executed the Deed
they were bringing with them. The individuals claimed to have failed to bring any
competent identification cards, hence requested the notary public to forgo such
requirement besides they appeared before the said notary public, the latter
conceded to such request and notarized the Deed.
Reason for violation: Section 2 of the Rules on Notarial Practice requires that the
persons whos act is to be subjected to the notarial act, and who are not personally
known to the notary public, to present a competent identification card to the Notary
public before the latter performs the notarial act. In this case, the Notary Public
unwarrantedly dispensed with such requirement.
4.) Based on the situation in number 3, the notary public in fact insisted for proof of
identity. Since the two men had no choice, they presented their Community Tax
Certificates (CTC), which the notary public accepted and proceeded with the
notarization.
Reason for violation: Jurisprudence and current Rules already exclude CTC as one
of the competent proof of identity for purposes of notarization.
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5.) Mr. X, a notary public commissioned in a territorial jurisdiction that includes
Lapu-lapu City, Cebu. Mr. X had prepared for a retained client an affidavit for the
latters signature. Unfortunately, the client was on his way to the airport to have a
month long vacation in the Bahamas, so the notary public suggested that he would
just meet the client in the airport before his flight abroad. The lawyer went to the
airport, bringing with him all he needed to perform the notarial act, and had the
signing and notarization in the Mactan International Airport.
Reason for violation: The Rules require, as strict interpretation thereof, that no
notary public should perform a notarial act outside his regular place of work or
business. The only exception to this is when it is done elsewhere, also enumerated
under the Rules, upon the request of the parties. In this situation, there was no request
of the party signing the affidavit, in fact, it was the notary publics idea to have the
document be signed elsewhere.
6.) Mr. X, a notary public, purchased a house and lot, for 60 million pesos, to be his
new residence in Maria Luisa, Banilad, Cebu City. Knowing that under the IBP
rules that notary publics are to charge 1% of the consideration as notarization fee
and unwilling to pay such amount to another notary public, he opted to notarize
the bilateral Deed of Sale over the aforesaid house and lot signed by the seller and
him, as the buyer.
Reason for violation: A notary public is disqualified under the rules to perform
notarial acts that he himself is a party to. In this case, the notary public is the
purchaser of the house and lot who signed on the bilateral deed of sale, and hence
would disqualify him to notarize the same.
7.) Mr. X, a notary public, felt a dive in his income in recent months. Being the bread
winner of a brood of 12, he decided to take the Real Estate Brokers Exam, which
is said to be the last exam where there is no required bachelors degree imposed
on the takers. Lawyer as he is, having studied and mastered many topics covered
by the Exam, he topped the Exam. He became a sought after Real Estate Broker,
closing multi-million deals with real estate corporations, and receiving millions in
commission in every deal he closes. Since he never lost the love for the practice
of law, he is also the one who prepares and notarizes the Deeds of Absolute Sale
on the deals he closes in his practice as a real estate broker. According to him, he
offers the preparation and notarization of the Deeds as a package included in the
commissions he gets as a broker, and that is one of his edge over other non-lawyer
brokers.
Reason for violation: The rules explicitly disqualify notaries public to notarize a
document where he derives directly or indirectly any commission or fee. In this case, the
notary public even boasts the fact that it is part of his package as a real estate broker who
collects substantial amount of commission.
8.) Mr. X, a notary public, is so in love with his wife that he promised her, on the day
of their wedding and every day of their married lives, that he would do anything
for her, up to the extent even if it would cost him his life. Thats how much love
Mr. X has for his wife. The wife, with four of her siblings and having inherited
from their parents hectares of land, and having her undivided share falling within
19
her exclusive property, decided to sell this land to a willing buyer for 200 million
pesos. Since the siblings of the wife did not want to pay a lawyer notarization fee
considering also the huge consideration of the sale, asked the wife to have Mr. X
draft and notarize the Deed of Sale. The wife now urging Mr. X, who initially
refused to notarize the documents, invoked the promise the latter professed on the
altar on the day of their wedding. Mr. X being pushed against the wall had no
choice but to give to his beloved wifes plea, and finally notarized the deed of
sale.
Reason for violation: The rule is apathetic to the situation above cited for the Rule
explicitly disqualifies notaries public in the notarization of deeds where one of the
parties is the notaries publics spouse.
9.) Mr. TJ, a notary public, was approached by two of his best friends who brought
with them two Deeds of Sale purporting to sale one and the same parcel of land.
The only difference between the two Deeds is that the other is of lesser
consideration, which is not true since the Deed with higher consideration reflects
the real agreement between the parties. The two best friends of TJ asked him to
just notarize the Deed with lesser consideration because it will be the Deed they
will to present to the BIR for the payment of Capital Gains tax. This is for them to
be able to save on the taxes. Giving in to the requests of his best friends, who both
apparently saved his life back when they were still kids, notarized the Deed they
requested him to notarize.
Reason for violation: The Rule prohibits notaries public to perform any notarial act
over deeds that the notary public has good reason to believe is illegal. In this case,
there is certainty as to the illegality of the transaction and not just mere reason to
believe. The notary public, Mr. TJ, should have precluded himself from being part of
such illegal transaction tax evasion.
10.) Ms. Kim, a notary public, was approached in her office by Doa Ayreen Sanorya,
reportedly to be the owner of almost half of the island of Mactan Island in the
province of Cebu, and thats not to mention all other islands they own all over the
archipelago. Doa Ayreen is yet to be the biggest client of Ms. Kim. During the
said visit Doa Ayreen brought with her an unsigned Special Power of Attorney
which states that a person, whose name is left blank, assigns and appoints Doa
Ayreen as his attorney-in- fact in the absence of the former. Ms. Kim noticed the
incomplete SPA but shrugged it off when Doa Ayreen offered as payment one of
their islands near Aklan, just beside Boracay. With such offer Doa Ayreen also
promised Ms. Kim to be the retained lawyer of almost about 50 of their
corporations, all of which are included in the Forbes List of the Worlds Top 500
Corporations. Ms. Kim could not say not to such lucrative opportunity and
proceeded with the notarization. Now, Ms. Kim is in the island that was paid to
her by Doa Ayreen relaxing by the white sand beach.
Reason for violation: Under the Rules, the notary public is prohibited from issuing
an incomplete certificate. In this case, there was even no named person that is said to
have executed the SPA. This would apparently result to an incomplete certificate.
20
Republic of the Philippines
REGIONAL TRIAL COURT OF CEBU
7th Judicial Region
OFFICE OF THE EXECUTIVE JUDGE
Cebu City
LEAH OLIVAR,
Petitioner,
A.C. No. 14356
-versus- For: Removal as
notary public and/or
Disbarment
CLARK MEDINA,
Respondent,
COMPLAINT
THE PARTIES
PRAYER
WHEREFORE, premises considered, it is respectfully
prayed of this Honorable Court that respondent Clark Medina
be removed or suspended as a notary public and/or be
removed or suspended from his office as attorney for his
failure to exercise utmost diligence in the performance of his
duties as notary public.
22
Cebu City, Philippines, 10 March 2016.
By:
23
I, LEAH OLIVAR, of legal age, and residing at 123
Street, Maribago, Lapu-Lapu City, having been duly sworn to
in accordance with law, hereby depose and state that:
24
(Sgd.) ATTY. DAN B. SAN
Notary Public
Roll No. 4879-08
PTR No. A-123056
IBP No. 824394
Expiry Date: 12/31/16
MCLE Compliance No. V-001234
25