Notarizing Without Commission: When a Lawyer's Act Invalidates a Land Deal

In a 2019 administrative case, the Supreme Court disciplined a lawyer for notarizing a Deed of Absolute Sale without a valid notarial commission. The case, Spouses Frias v. Atty. Abao (A.C. No. 12467, April 10, 2019), underscores that notarization is a serious legal act, not a mere formality. It also shows how a defective notarization can affect the validity of documents in property disputes.

The Facts of the Case

The complainants, Spouses Pepito and Prescila Frias, owned a parcel of land in Dao, Capiz. In 1995, they left for Mindanao to seek medical treatment for their daughter. Before leaving, they allegedly entered into an oral lease agreement with Rodrigo Arbiz and his wife, Maria, over the property for a period of twenty years.

Years later, after the alleged lease expired, the Frias spouses returned to Capiz to reclaim their property. However, the heirs of the Arbiz spouses refused to return it, claiming that the property had been sold to their parents. They presented a Deed of Absolute Sale dated July 11, 1995, purportedly executed by the Frias spouses and notarized by respondent Atty. Nelly E. Abao.

The Frias spouses denied executing the deed. They obtained a certification from the Clerk of Court of Roxas City stating that the notarized deed did not exist in the records and that Atty. Abao was never commissioned as a Notary Public in Roxas City for the year 1995.

The Issue

The central issue was whether Atty. Abao should be held administratively liable for notarizing a document without a notarial commission and for making false statements in her judicial affidavit.

The Ruling of the Supreme Court

The Supreme Court found Atty. Abao guilty of malpractice as a notary public and of violating the lawyer's oath and Rule 1.01, Canon 1 of the Code of Professional Responsibility. The Court imposed the penalty of suspension from the practice of law for two years and permanent disqualification from being commissioned as a notary public.

The Court emphasized that notarization is not an empty, meaningless, or routine act. It converts a private document into a public document, making it admissible in evidence without further proof of authenticity. Because a notarial document is entitled to full faith and credit, notaries public must observe the basic requirements of their duties with utmost care.

In this case, Atty. Abao admitted that she notarized the deed without the necessary commission. The Court noted that performing notarial acts without authority is a violation of the lawyer's oath to obey the laws, specifically the Notarial Law. Furthermore, by making it appear that she was duly commissioned when she was not, she engaged in deliberate falsehood, which is prohibited by Rule 1.01 of the Code of Professional Responsibility.

The Court also rejected Atty. Abao's defense of old age and sickness, noting that she was only fifty-four years old at the time of the unauthorized notarization.

Practical Takeaways

• Notarization carries weight. A notarized document is presumed authentic and admissible in court. Lawyers who notarize documents without authority undermine this presumption and face severe disciplinary action.
• A lawyer's commission matters. Performing notarial acts outside the territorial jurisdiction of the commissioning court or with an expired commission is a violation of the Rules on Notarial Practice.
• Honesty is non-negotiable. Making false statements in a judicial affidavit or in a notarized document violates the lawyer's oath and the Code of Professional Responsibility.
• Administrative liability is separate. Even if the underlying civil case (like the ejectment case here) is dismissed, a lawyer can still be held administratively liable for misconduct.
• Penalties can be severe. The Court has imposed suspension from practice and permanent disqualification from notarial commission for unauthorized notarization, as seen in this case and prior rulings.

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