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    Villarin Vs Sabate

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    Nicole Marie Abella Cortes
    Pastor Villarin and others filed a complaint against Paterno Diaz. Attorney Restituto Sabate notarized Diaz's motion to dismiss, but Diaz's signature was signed by his wife and two witnesses were signed by Sabate. Sabate claimed Diaz's wife had authorization and Sabate was authorized to sign due to time constraints. However, a notary public should only notarize documents signed by those who personally appeared. Sabate is suspended from his commission as notary public for one year for failing to observe honesty and utmost care.

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    © All Rights Reserved
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    Villarin Vs Sabate

    Uploaded by

    Nicole Marie Abella Cortes
    32 views1 page
    Pastor Villarin and others filed a complaint against Paterno Diaz. Attorney Restituto Sabate notarized Diaz's motion to dismiss, but Diaz's signature was signed by his wife and two witnesses were signed by Sabate. Sabate claimed Diaz's wife had authorization and Sabate was authorized to sign due to time constraints. However, a notary public should only notarize documents signed by those who personally appeared. Sabate is suspended from his commission as notary public for one year for failing to observe honesty and utmost care.

    Original Description:

    basic legal ethics

    Original Title

    Villarin vs Sabate

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    © © All Rights Reserved

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    Pastor Villarin and others filed a complaint against Paterno Diaz. Attorney Restituto Sabate notarized Diaz's motion to dismiss, but Diaz's signature was signed by his wife and two witnesses were signed by Sabate. Sabate claimed Diaz's wife had authorization and Sabate was authorized to sign due to time constraints. However, a notary public should only notarize documents signed by those who personally appeared. Sabate is suspended from his commission as notary public for one year for failing to observe honesty and utmost care.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    32 views1 page

    Villarin Vs Sabate

    Uploaded by

    Nicole Marie Abella Cortes
    Pastor Villarin and others filed a complaint against Paterno Diaz. Attorney Restituto Sabate notarized Diaz's motion to dismiss, but Diaz's signature was signed by his wife and two witnesses were signed by Sabate. Sabate claimed Diaz's wife had authorization and Sabate was authorized to sign due to time constraints. However, a notary public should only notarize documents signed by those who personally appeared. Sabate is suspended from his commission as notary public for one year for failing to observe honesty and utmost care.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    PASTOR EDWIN VILLARIN, ET AL. VS ATTY.

    RESTITUTO SABATE
    A.C. NO. 3324, February 9, 2000, SECOND DIVISION, (Buena, J.)

    FACTS:

    Pastor Villarin, Et Al., through their counsel, filed a complaint against Paterno Diaz. The
    respondents in the said complaint issued a Motion to Dismiss With Answer to Villarin’s Et Al.,
    complaint to the Securities and Exchange Commission, prepared and notarized by Atty. Sabate.
    However, Diaz’s signature was not signed by him but by his wife and 2 of the witnesses were
    signed by Sabate himself. Sabate alleged that Diaz’s wife has an authorization letter and that
    since there were his clients, they authorized him to sign in their behalf sue to time constraints and
    the distance of their locations. Furthermore, each signature was preceded by a “by” which
    suggests that he did not in any manner make it appear that those persons signed in his presence.

    ISSUE:

    Whether or not Atty. Restituto Sabate is liable for failure to observe honesty and utmost
    care as Notary Public.

    HELD:

    Yes. A member of the Bar who performs and act as a notary public should not notarize a
    document unless the persons who signed the same are the very persons who executed and
    personally appeared before said notary public to attest to the contents and truth of what are stated
    therein. The acts of the affiants cannot be delegated to anyone for what one stated therein are
    facts they have personal knowledge of and more to the same personally and not through any
    representative. Otherwise, their representatives’ names should appear in the said documents as
    the ones who executed the same and that is the only time they can affix their signatures and
    personally appear before the notary public for notarization of said document.

    That the respondent acted the way he did because he was confronted with an alleged
    urgent situation is no excuse at all.

    WHEREFORE, for lack of diligence in the observance of Notarial Law, respondent Atty.
    Restituto Sabate is SUSPENDED from his Commission as Notary Public for 1 year.

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