GR 114829; (March, 1995) (Digest)
G.R. No. 114829 March 1, 1995
MAXIMINO GAMIDO Y BUENAVENTURA, petitioner, vs. NEW BILIBID PRISONS (NBP) OFFICIALS, respondents.
FACTS
In a Resolution dated September 7, 1994, the Supreme Court required Atty. Icasiano M. dela Rea to show cause why no disciplinary action should be taken against him. The charge was that he made it appear in the jurat of the petition in this case that petitioner Maximino Gamido subscribed the verification and swore to it before him, as a notary public, on April 19, 1994, when in truth and in fact the petitioner did not. In his Explanation dated December 23, 1994, Atty. dela Rea admitted he executed the jurat without the presence of petitioner Gamido. He claimed he did so in the honest belief that since it was a jurat and not an acknowledgment, it would be permissible. He cited his prior acquaintance with Gamido, his frequent visits to the New Bilibid Prisons due to his legal practice, and his inability to personally have the document signed due to strict NBP visiting rules. He also submitted a letter from Gamido pleading for help and apologized to the Court, assuring that it was an honest mistake and that he would be more careful in the future.
ISSUE
Whether Atty. Icasiano M. dela Rea committed grave misconduct as a notary public and lawyer by notarizing a jurat without the personal presence and oath-taking of the affiant, petitioner Maximino Gamido.
RULING
Yes, Atty. Icasiano M. dela Rea committed grave misconduct. The Supreme Court found his explanation unsatisfactory. The Court clarified the nature of a jurat, which requires the affiant to sign the document and take an oath in the presence of the notary public. The Court rejected Atty. dela Rea’s claim that the presence of the affiant was unnecessary for a jurat, stating this belief was patently baseless and, if true, would make a mockery of the legal solemnity of an oath. His prior acquaintance with the petitioner provided no excuse, and he could have visited the petitioner in his cell if he wished to accommodate him. The Court considered his spontaneous admission in mitigation but emphasized that the duties of a notary public are dictated by public policy and impressed with public interest. Consequently, for grave misconduct, Atty. Icasiano M. dela Rea was FINED Five Thousand Pesos (P5,000.00), without prejudice to any criminal prosecution, and WARNED that commission of the same or similar acts in the future would be dealt with more severely.