Negligence in Notarial Practice: Revocation and Disqualification for Incomplete Certificates and Improper Reco

The Supreme Court has long held that notarization is not a mere ministerial act. It is a duty imbued with public interest, converting private documents into public documents that courts accept without further proof of authenticity. When a notary public fails to observe the 2004 Rules on Notarial Practice, the consequences can be severe — including perpetual disqualification from notarial practice and suspension from the practice of law.

In Spouses Chambon v. Atty. Ruiz (A.C. No. 11478, September 5, 2017), the Court imposed exactly that penalty on a notary who affixed his signature and seal on an incomplete certificate and left his notarial register entries blank.

The Facts

The complainants, Spouses Andre and Maria Fatima Chambon, were creditors of Suzette Camasura Auman (Remoreras), who secured her loan with a real estate mortgage over a parcel of land. When Remoreras failed to pay, the spouses moved to foreclose the property.

Before the auction, Remoreras filed a petition for the issuance of a new owner's duplicate copy of the title, claiming the original was lost. She also filed a complaint to enjoin the foreclosure, relying on a purported Release of Mortgage allegedly executed by the spouses.

The spouses discovered that the Notice of Loss/Affidavit of Loss and the Release of Mortgage were notarized by Atty. Christopher S. Ruiz in Cebu City. Upon examination, the jurat in the Notice of Loss lacked the competent evidence of identity of the executor. The corresponding entries in the notarial register — including the title of the instrument, names and addresses of parties, competent evidence of identity, date and time of notarization, and type of notarial act — were left blank.

The spouses filed an administrative complaint before the Integrated Bar of the Philippines (IBP) for violations of the 2004 Rules on Notarial Practice.

The Issue

The central question was whether Atty. Ruiz should be administratively disciplined for his handling of the notarized documents and his notarial register.

The Ruling

The Supreme Court found Atty. Ruiz guilty of violating the 2004 Rules on Notarial Practice.

First, the Court noted that the notarial certificate was incomplete. Under Section 5, Rule IV of the 2004 Rules, a notary public shall not affix an official signature or seal on a notarial certificate that is incomplete. The competent proof of identity of the executor was left blank, and there was no allegation that Remoreras was personally known to the respondent. By signing the certificate despite its incompleteness, Atty. Ruiz violated the rules.

Second, the Court addressed the respondent's defense that his secretary was responsible for the lapses in the notarial register. The Court rejected this excuse, reiterating that a notary public is personally accountable for all entries in the notarial register. Recording entries is part and parcel of a notary's duties, and the respondent could not shift that responsibility to his office secretary.

Third, the Court considered the Release of Mortgage. While Atty. Ruiz denied notarizing it, he admitted that entries in his register were erroneous — a Special Power of Attorney was indicated, but it was actually a Deed of Absolute Sale that he notarized. This inadvertence was also blamed on his secretary, which the Court again found unacceptable.

The Penalty

The Court found that Atty. Ruiz was doubly negligent: he notarized an incomplete document and delegated his duty of recording register entries to his secretary. His attempt to shift blame constituted dishonesty to the Court.

The Court revoked his notarial commission, perpetually disqualified him from being a notary public, and suspended him from the practice of law for one year. He was also sternly warned that repetition of the same acts would be dealt with more severely.

Practical Takeaways

• A notary public must personally verify the identity of every document signer and must never sign an incomplete notarial certificate.
• The notarial register is the notary's personal responsibility. Entries must be complete and accurate at the time of notarization — they cannot be delegated to a secretary or staff member.
• Blaming an office secretary for lapses in notarial duties will not excuse a notary from administrative liability and may even aggravate the penalty.
• Notarization carries public trust. A notary who is negligent in performing these duties risks not only the loss of the notarial commission but also suspension from the practice of law.

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