Negligence in Notarial Duty: Lawyers Responsible for Staff Acts

A notary public who leaves a secretary in charge of the office while abroad cannot escape liability when that secretary notarizes documents using the lawyer's name and seal. In Angeles v. Bagay (A.C. No. 8103, December 3, 2014), the Supreme Court made clear that a lawyer-notary bears full responsibility for the acts of office staff, and that negligence in safeguarding notarial powers carries serious professional consequences.

The case arose when the Provincial Legal Officer of Bataan reported that 18 documents had been notarized under Atty. Renato C. Bagay's name while he was out of the country attending a workshop in Mexico from March 13 to April 8, 2008. The documents included deeds of sale, deeds of donation, and an extrajudicial settlement of estate. The persons who caused the documents to be notarized stated that they never saw Bagay sign the documents himself — either his secretary signed them, or the documents came out of the office already signed. The Bureau of Immigration confirmed that a certain Renato C. Bagay had indeed departed and returned on those dates.

The lawyer's defense

In his comment, Bagay claimed he was unaware that documents had been notarized using his name while he was abroad. Upon inquiry, he discovered that his secretary had done the notarizations without his knowledge or authority. He apologized for his lapses, said he had terminated the secretary, and asked for leniency, arguing that this was his first infraction in 21 years of practice and that he had committed only simple negligence.

The Court's ruling

The Supreme Court rejected the defense. The sole issue — whether the notarization of documents by the secretary while the lawyer was out of the country constituted negligence — was answered in the affirmative.

The Court emphasized that a notary public's secretary is not commissioned to perform the official acts of a notary. Under the 2004 Rules on Notarial Practice, only a person commissioned as a notary public may perform such acts. By leaving the office open to the public with the secretary in charge, and by keeping the notarial seal and register within the secretary's reach, Bagay made it possible for an unauthorized person to notarize documents and copy his signature.

The Court was blunt: this was not simple negligence. A person commissioned as a notary public takes full responsibility for all entries in the notarial register and cannot pass the buck to a secretary. The Court also rejected the plea of leniency, noting that 21 years of experience should have placed the lawyer on guard against possible violations.

Additional liability under the Code of Professional Responsibility

The Court found that the negligence also violated two canons of the Code of Professional Responsibility. First, by allowing his secretary to sign on his behalf as notary public, Bagay indirectly assisted in the unauthorized practice of law, in violation of Canon 9. Second, by prejudicing the persons whose documents were notarized by an unauthorized person, he eroded public faith in the legal profession, in violation of Canon 7.

The Court stressed that notarization is not an empty, routinary act. It converts a private document into a public document, making it admissible in evidence without further proof of authenticity. Notaries must observe with utmost care the basic requirements of their duties; otherwise, public confidence in the integrity of public instruments would be undermined.

The penalty

The Court revoked Bagay's notarial commission and disqualified him from being commissioned as notary public for two years. It also suspended him from the practice of law for three months, with a warning that a repetition would be dealt with even more severely.

Practical takeaways

• A notary public is personally responsible for every act done under his or her notarial seal and register, even if performed by an office staff member.
• Leaving a notarial seal and register accessible to staff while away from the office is gross negligence, not a mere administrative lapse.
• A lawyer cannot disclaim liability by claiming ignorance of a secretary's unauthorized acts; the lawyer bears the consequences of poor office supervision.
• Unauthorized notarization may result in not only revocation of the notarial commission but also suspension from the practice of law.
• Notarization carries substantive public interest; lawyers who treat it as routine risk severe disciplinary action.

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