Notarization Rules: When a Notary Public Violates the 2004 Rules on Notarial Practice

The Supreme Court has long emphasized that notarization is not a mere routine act but one invested with substantial public interest. In Gonzales v. Atty. Bañares (A.C. No. 11396, June 20, 2018), the Court clarified the strict requirement that all signatories to a document must personally appear before the notary public, and imposed severe penalties on a lawyer who failed to observe this rule. This case serves as an important reminder of the duties and responsibilities of notaries public in the Philippines.

The Case: A Deed of Absolute Sale and a Missing Signatory

The administrative complaint arose from a Deed of Absolute Sale covering three parcels of land, executed on September 23, 2010. The complainant alleged that his father, Rodolfo Gonzales, was in Irosin, Sorsogon at the time of the supposed signing, yet his name and signature appeared in the document. The complainant also claimed that his own signature appeared as a witness, despite his absence during the execution.

The respondent notary public denied the accusations, presenting affidavits, including one from the complainant's own mother, attesting to the regularity of the signing. He further claimed that Rodolfo had merely "pre-signed" the document to manifest his conformity as the seller's husband, not as a co-owner of the property.

The Issue: Personal Appearance Before the Notary

The central question was whether the notary public violated the rules when he notarized a deed where one of the signatories did not personally appear before him.

The Court found that the evidence strongly suggested Rodolfo was not present at the execution of the deed. Notably, the respondent's own admission that Rodolfo merely "pre-signed" the document contradicted his certification in the Acknowledgment that Rodolfo had "personally appeared before him" and acknowledged the deed as his "free act and voluntary deed."

The Ruling: Strict Compliance with Notarial Rules

The Supreme Court upheld the findings of the Integrated Bar of the Philippines and held the respondent administratively liable. The Court emphasized that a notary public should not notarize a document unless the persons who signed it are the very same persons who executed it and personally appeared before the notary to attest to its contents.

The Court cited the 2004 Rules on Notarial Practice, specifically:

• Rule II, Section 1 on Acknowledgment, which requires an individual to appear in person before the notary public and represent that the signature was voluntarily affixed as a free and voluntary act.
• Rule IV, Section 2(b) on Prohibitions, which states that a person shall not perform a notarial act if the signatory is not in the notary's presence personally at the time of notarization.

The Court also found the respondent liable under Canon 1, Rule 1.01 of the Code of Professional Responsibility, which prohibits lawyers from engaging in unlawful, dishonest, immoral, or deceitful conduct.

The Penalty: A Stern Warning to Notaries Public

The Court imposed the following penalties on the respondent:

• Six (6) months suspension from the practice of law;
• Immediate revocation of his notarial commission, if presently commissioned; and
• Disqualification from being commissioned as a notary public for a period of two (2) years.

The Court warned that a repetition of the same or similar offense shall be dealt with more severely.

Practical Takeaways

• Personal appearance is non-negotiable. All signatories to a document must personally appear before the notary public at the time of notarization. Pre-signed documents or prior meetings do not cure the defect.
• Notarization converts private documents into public ones. This gives them evidentiary weight, which is why notaries must verify the genuineness of signatures and the voluntariness of the execution.
• Notaries must guard against illegal deeds. The notary's function is to protect the integrity of documents and prevent forgery or fraud.
• Violations carry serious consequences. A notary public who fails to observe the rules faces suspension from the practice of law, revocation of commission, and disqualification from future commissions.
• Lawyers must uphold the law at all times. The duty to respect legal processes is fundamental to the legal profession, and any deviation undermines public confidence in the justice system.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.