Monday, July 26, 2010

Notario Publico

July 29, 2010 is my third monthsarry as a lawyer.

It is also the scheduled date of my petition for notarial commission hearing.

A lawyer does not automatically become a notario publico. She has to apply for and be granted a notarial commission before she can function as one.

In my case, I filed my petition last June 6, 2010. Prior to that, I went through the process of securing a number of certifications from the Integrated Bar of The Philippines - both national and the local chapter and from the Supreme Court. I also paid for the publication of the petition in a local newspaper.

I'm crossing my fingers that the order granting my petition will be given on the 29th too or at the soonest date so that I can already call myself a notary public soon. :)

I used to think that a notario publico is just a person who affixes his signatures on documents and charges gazillions of pesos.

Ay na! Mali ako. I noticed that a number of disbarment cases in the supreme court website involved lawyers/notary publics who were remiss in their compliance with the Notarial Practice Rule.

Thus, I promised myself that when I will already have my commission I will pay special attention to two of the most common errors committed by notary publics :

1. failing to require the presence of the principal; and

2. failing to ask for competent evidence of identification (identification card with picture issued by an agency; cedula no longer valid)

I have read of a disbarment case where a lawyer allows his wife to notarize documents when he is not in the office.

Rumors of dead lawyers signing antedated deed of sales still abound. Allegedly, the secretary forges the dead lawyers signature.

Another problem that a number of lawyers encounter is unscrupulous secretaries notarizing documents by forging their bosses' signature and utilizing one docket number for at least two documents.

Ay na! Ang mga nagpanotaryo ang kawawa! Patay din ang lawyer kapag nireklamo.

So sa akin ayusin ko na lang to and I will pray na sana ang mga kakilala ko will not ask for favors like: "Psyche ok lang ba walang pirma ng asawa ko bebenta ko lupa namin." OR "Patay na tatay ko pwede ba antedated ang papeles?" OR "Nasa US ang magbebenta pwede bang inotarize mo na lang?" OR "Cedula na lang Psyche."

Dahil wala talaga akong magagawa kundi sabihing HINDI which would be embarrassing for both of us at baka isipin mo pa na hindi ako mapakiusapan. Pwede namang pakiusapan pero wag naman yung mga illegal. :)

Fingers crossed, hopefully I will have a reputation of mahal ang notario (dahil finafollow ang taripa) pero lahat ng legal documents na signed ko will be unassailable in any court of law. :)




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