Notarial acts give private documents a badge of authenticity that the public relies on when they encounter written documents and engage in written transactions. Hence, all notaries public are duty-bound to protect the integrity of notarial acts by ensuring that they perform their duties with utmost care. In Bote vs Judge Eduardo, the court explained that a notarial register is prima facie evidence of the facts therein stated. It has the presumption of regularity and to contradict the veracity of the entry, evidence must be clear, convincing and more than merely preponderant. Notarization is not an empty, meaningless, routinary act. It is invested with such substantial public interest that only those who are qualified or authorized may act as notaries public. Notarization converts a private document into a public document, making that document admissible in evidence without further proof of its authenticity. The notarial commission is a license held personally by the notary public. It cannot be further delegated. It is the notary public who is personally responsible for the correctness of the entries in his or her notarial register. (Pitogo vs Atty Suello, AC no. 10695, Mar. 18, 2015 – Leonen)

SC has held that any gross misconduct of a lawyer in his professional or in his private capacity is a gorund for the imposition of the penalty of suspension or disbarment because good character is an essential qualification for the admission to and continued practice of law. Any wrongdoing, whether professional or non-professional, indicating unfitness for the profession justifies disciplinary action. Gross misconduct is defined as “improper or wrong conduct, the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character, and implies a wrongful intent and not a mere error in judgement.” Rule 1.01 of the CPR is emphatic: “ a lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.” The facts of the case show that Atty. Mendoza engaged in improper or wrong conduct, as found under Rule 1.01, as the failure to pay the load was willful in character and implied a wrongful intent and not a mere error in judgement. Deliberate failure to pay just debts constitute gross misconduct, for which a lawyer may be sanctioned with suspension from the practice of law. (Sosa vs Atty Mendoza, AC No. 8776, March 23, 2015)