MANILA, 30Aug2014 (PNA) — The Supreme Court (SC) has suspended a lawyer for notarizing a real estate mortgage of a market stall in Bataan province that falsely named the complainant as its absolute and registered owner, giving the former legal and financial problems.
In an en banc ruling promulgated on July 8, 2014, the SC found Atty. Juvy Mell Sanchez-Malit “guilty of violating Canon 1 and Rules 1.01, 1.02, and 10.01 of the Code of Professional Responsibility as well as her oath as notary public.”
“Hence, she is suspended from the practice of law for one year effective immediately. Her notarial commission, if still existing, is immediately revoked and she is hereby perpetually disqualified from being commissioned as notary public,” the SC said.
Records showed Malit drafted and notarized a mortgage of a public market stall that named the complainant, Mercedita De Jesus, as its absolute and registered owner.
As a result, the mortgagee charged De Jesus for perjury and for collection of sum of money.
De Jesus claimed that Malit was a consultant of the local government unit of Dinalupihan, Bataan and was aware that the public market stall was government-owned.
Malit made and notarized an agreement, but did not advise De Jesus that the property was still covered by the period within which it could not be alienated.
In its ruling, the SC said Malit “is unfit to continue enjoying the solemn office of a notary public.”
However, the SC said “[t]he blatant disregard by respondent of her basic duties as a notary public warrants the less severe punishment of suspension from the practice of law and perpetual disqualification to be commissioned as a notary public.” (PNA)