Here are select February 2012 rulings of the Supreme Court of the Philippines on legal and judicial ethics:
Administrative cases against lawyers; prescriptive period. The two-year prescriptive period for initiating a complaint against a lawyer for disbarment or suspension provided under Section 1, Rule VIII of the Rules of Procedure of the IBP Commission on Bar Discipline should be construed to mean two years from the date of discovery of the professional misconduct. Nesa Isenhardt vs. Atty. Leonardo M. Real, A.C. No. 8254, February 15, 2012.
Attorney; disqualification as notary public. A notary public should not notarize a document unless the person who signs it is the same person who executed it, personally appearing before him to attest to the contents and the truth of what are stated therein. This 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. The duties of a notary public is dictated by public policy and impressed with public interest. It is not a meaningless ministerial act of acknowledging documents executed by parties who are willing to pay the fees for notarization. It is of no moment that the subject SPA was not utilized by the grantee for the purpose it was intended because the property was allegedly transferred from complainant to her brother by virtue of a deed of sale consummated between them. What is being penalized is respondent’s act of notarizing a document despite the absence of one of the parties. A notarized document is by law entitled to full credit upon its face and it is for this reason that notaries public must observe the basic requirements in notarizing documents. Otherwise, the confidence of the public in notarized documents will be undermined. Nesa Isenhardt vs. Atty. Leonardo M. Real, A.C. No. 8254, February 15, 2012.