Case Digest (A.C. No. 1348)
Facts:
- Attorney Zosimo V. Escaño, a notary public, was accused of grave misconduct by complainant Rita C. Rafael.
- Escaño notarized an application for a real estate loan with the GSIS, where it was made to appear that Rafael and her husband signed the document, when in fact their signatures were forged.
- Escaño filed a motion to dismiss, stating that he had been informed of the withdrawal of the complaint against him.
- Complainant later filed a motion to withdraw the complaint, realizing that Escaño was not at fault and that he had acted in good faith.
Issue:
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Ruling:
- The withdrawal of the complaint does not absolve Escaño from all responsibility.
- A notary public has a duty to ensure that the document presented for notarization is free from any illegality or infirmity.
- Escaño admitted to failing to take the necessary precautions to ascertain the authenticity of the signatures in the document.
- Escaño did not live up to the expected standard of care as a notary public.
- However, the court showed leniency towards Escaño due t...(Unlock)
Ratio:
- A notary publi...continue reading
Case Digest (A.C. No. 1348)
Facts:
In the case of Rafael v. Escaño, complainant Rita C. Rafael filed a complaint against respondent Attorney Zosimo V. Escaño, a notary public. The complaint alleged that Escaño committed grave misconduct by notarizing an application for a real estate loan with forged signatures. However, before the case could proceed, Rafael filed a motion to withdraw the complaint, stating that she had realized that Escaño was not at fault and that his actions were done in the ordinary course of his profession as a notary public. The court then set the case for a hearing, where both parties appeared and Rafael reiterated her withdrawal of the complaint, acknowledging the good faith of Escaño. Escaño admitted that he should have been more careful in verifying the authenticity of the signatures in the document. He explained that he bel...