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An attorney refused to notarize. HELP :(

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1 An attorney refused to notarize. HELP :( on Thu Jan 26, 2012 1:52 am

pinksoda


Arresto Menor
Hi! May I just seek your advice as regards our house gardener's situation. Her wife gave birth last December 2011. They were trying to register the baby at our local registrar's office. The lawyer doesn't want to notarize the document needed for the baby's registration because according to him, the father (our house gardener) is insane or mentally ill at nakulong din dati ng 1 and 1/2 years. But I don't think he is insane. What we actually know is that, her wife and him were not able to finish school and that the father can't read and write properly.
I know that there are instances when a lawyer can refuse not to notarize a document under the Implementing Rules on Notarial Practice. In the above situation po, basta na lang ba magrerefuse ang lawyer na hindi nya notaryohan ang document kasi sa pagkakaalam nya insane "daw" yung tao. How can he be sure diba? I think, it's not fair. Pwede bang mag establish muna ng proof na insane nga yung father, like consulting a physician to prove the lawyer's allegation at wag magrely lang sa akala nya ay tama --na insane nga yung tao.

According to that lawyer, he will not notarize the document.. inonotaryo na lang daw nya yung sa mother at sa mother na lang daw ang gamiting apelyedo. It was too painful for the father when he heard that because he wants to give his surname to his baby kasi sya nga naman talaga ang tatay. Kawawa naman sya kasi he felt so deprived of this right to be a father to his baby. Please advice me how can my family help our house garderner.

Thank you so much.

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2 Re: An attorney refused to notarize. HELP :( on Sat Jan 28, 2012 9:48 am

attyLLL


moderator
are they married? if so, then this notarization is not required.

just look for another notary.


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3 Re: An attorney refused to notarize. HELP :( on Sat Jan 28, 2012 11:55 pm

pinksoda


Arresto Menor
attyLLL wrote:are they married? if so, then this notarization is not required.

just look for another notary.


No, they are not married. So I guess that's the reason why notarization is required. Kaso, di ko alam kung tama ba yung reason nung lawyer na magrefuse. Parang di makatarungan. Sad Thanks po for the advice. Smile

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4 Re: An attorney refused to notarize. HELP :( on Thu Feb 02, 2012 5:35 pm

lawyeranger


Prision Correccional
you might be referring then to the acknowledgment of filiation at the back of the Certificate of Live Birth, even a administering officer can subscribed the same, or better yet really, look for another notary public!

the notary public is entitled to his own judgment under the shroud of presumption of regularity, besides that would be involuntary servitude to force him to notarize the document

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5 Re: An attorney refused to notarize. HELP :( on Sun Feb 05, 2012 12:04 pm

attyLLL


moderator
a notary is allowed to refuse notarization if he is not comfortable. just move on and get another one


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