Legal & Judicial Ethics, 2019 Bar — Question A.1

ESSAY

Atty. A, a duly licensed notary public, has maintained several notarial registers in his separate offices in order to cater to the needs of his clients and accommodate their growing number. Due to Atty. A's busy schedule, Atty. A's secretary would usually perform the notarial acts on his behalf. Sometime in April 2017, Mrs. B, an Overseas Filipino Worker staying in Singapore, sought the legal services of Atty. A for the nullification of her marriage. Consequently, Atty. A drafted a petition with verification which was sent from his law Office in Manila to Singapore for the signature of Mrs. B, who, after signing the same, sent it back to Atty. A. When the document arrived in Atty. A's Office, his secretary, as per usual practice, notarized the signed document upon Atty. A's instruction. (a) Name at least two (2) violations of the Rules on Notarial Practice committed by Atty. A. (b) May Atty. A be also held liable under the Code of Professional Responsibility for the same infractions committed by him as a notary public? Explain. (c) What does the phrase “competent evidence of identity" refer to under the Rules on Notarial Practice?

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