SC disbars lawyer who notarized document listing deceased clients
THE SUPREME Court (SC) has disbarred a lawyer for notarizing a special power of attorney in 2003 in an ejectment/forcible entry case filed by six persons, two of whom were later found to have died in 1976 and 1988.
Disbarred by the high court was lawyer Rex Resuena who was found guilty of malpractice as a notary public and of violating the lawyer’s oath as well as Rule 1.01 Canon 1 of Professional Responsibility.
Resuena was also perpetually disqualified from commission as a notary public.
Verify, ascertain
“A notary public should not notarize a document unless the persons who signed the same are the very same persons who executed and personally appeared before him to attest to the contents and truth of what are stated therein. The purpose of this requirement is to enable the notary public to verify the genuineness of the signature of the acknowledging party and to ascertain that the document is the party’s free act and deed,” read the Jan. 26 decision by the high court.
A complaint for disbarment was filed against Resuena by Gregory Fabay who was the subject of the ejectment/forcible entry case that the lawyer notarized for Virginia, Marcella, Amador, Gloria, Gracia and Valentino, all surnamed Perez, in 2003.
Fabay lost the case in the municipal trial court of Pili, Camarines Sur, but on appeal in the regional trial court of Pili, the court found that Amador and Valentino Perez had died on Sept. 7, 1988, and April 26, 1976, respectively.
Fabay complained as well that Resuena had notarized a 2003 ejectment case where Apolo Perez was made to appear as an attorney-in-fact for Amador and Valentino when both were already deceased.
