CASE DIGEST
CANSINO V. SEDERIOSA
A.C. No. 8522, October
06, 2020
SC EN BANC, HERNANDO J.
Practice of Law, Notarial Practice Rule, Suspension
DOCTRINE: Lawyers that the practice of law is a
privilege burdened with conditions. As vanguards of our legal system, they are expected
to uphold not only legal proficiency but also a high standard of morality,
honesty, integrity and fair dealing.
Atty. Victor D. Sederiosa was found liable
for breach of notarial law for notarizing spurious documents despite the death
of the parents and the non-personal appearance of the affiants. The Court suspend
Atty. Sederiosa from the practice of law for one year, revoking his notarial
commission, and disqualifying him from being commissioned as a notary public
for two years. However Atty. Sederiosa violated the suspension order and
continued practicing law and serving as a notary public and continued to
provide legal services.
Whether Atty. Sederiosa is administratively liable for engaging in the practice of law during his suspension, and for notarizing documents despite the revocation of his notarial commission.
YES.
The Court ruled that Atty. Victor D. Sederiosa is liable for engaging in the
practice of law during his suspension and for performing his duties as a notary
public despite the revocation of his commission. Notarizing documents constitutes a practice of law,
and a lawyer suspended from the practice must refrain from such activities. The
Court imposed a two-year suspension from the practice of law in addition to the
previous one-year suspension, permanently revoked his notarial commission, and
disqualified him from being commissioned as a notary public. The Court stressed
that the practice of law is a privilege burdened with conditions, and lawyers
are expected to uphold high moral standards, honesty, integrity, and fair
dealing.
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