Negligence in Notarial Practice: Securing Notarial Seals and Upholding Professional Responsibility

The Supreme Court has long emphasized that notarization is not a mere routine act but one imbued with public interest. When a notary public affixes his seal, a private document is converted into a public document, entitled to full faith and credit. This power carries with it a corresponding duty of utmost care—a duty that extends even to the safekeeping of the notarial seal itself. In Ang v. Belaro (A.C. No. 12408, December 11, 2019), the Court reminded lawyers that negligence in securing their notarial seal is a serious breach of professional responsibility, warranting suspension from the practice of law.

The Case: Forged Documents and a Misused Seal

Complainant Venson Ang and his siblings discovered that a parcel of land inherited from their late mother had been transferred through an Extrajudicial Settlement of Estate Among Heirs with Waiver of Rights, allegedly executed on March 26, 2014. The document bore the notarial seal of respondent Atty. Salvador Belaro, Jr. Several irregularities surfaced: a co-heir who had died two years earlier was listed as a signatory, the name of another heir was misspelled, and three different versions of the document were submitted to different government agencies.

Atty. Belaro denied notarizing the documents, claiming his signatures were forgeries. The Court agreed that the signatures were indeed forged—they were visibly different from his specimen signatures on file with the Regional Trial Court. However, the Court noted that his notarial seal was used on the forged documents. This, the Court held, was inexcusable.

The Duty to Safeguard the Notarial Seal

The 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) are explicit: when not in use, the official seal of the notary public must be kept safe and secure, accessible only to the notary or a person duly authorized by him. Atty. Belaro offered no explanation for how his seal came to be affixed to the forged documents. His bare denial was insufficient.

The Court emphasized that a notary public must discharge his powers and duties with accuracy and fidelity. By failing to secure his seal, Atty. Belaro allowed the forged Extrajudicial Settlement to convert a private document into a public one, facilitating the cancellation of the property title. This negligence undermined the integrity of notarization and degraded the function of the notary public.

Additional Findings of Negligence

The Court also found that Atty. Belaro was negligent in his reportorial duties. Although the Deed of Absolute Sale and the Acknowledgement Receipt appeared to bear forged signatures, these instruments were nonetheless entered in his Notarial Registry Book. A meticulous notary would have noticed that he did not notarize these documents and would have excluded them from his registry. This failure compounded his liability.

Affidavit of Desistance and Public Office Do Not Excuse Liability

Atty. Belaro argued that the complaint should be dismissed because the complainant executed an Affidavit of Desistance and the parties filed a Joint Motion to Dismiss. The Court rejected this, reiterating that disciplinary proceedings are not civil actions for private grievance. They are undertaken for the public welfare, and the desistance of the complainant is irrelevant. What matters is whether the charge has been proven based on the record.

Similarly, Atty. Belaro's election as a party-list representative did not moot the case. The Court noted that the party-list failed to win a seat in the 2019 elections, rendering the argument moot. Even assuming he remained in public office, the Court retains the power to discipline members of the Bar regardless of their active practice of law.

The Penalty

The Court found Atty. Belaro guilty of violating the 2004 Rules on Notarial Practice and the Code of Professional Responsibility. He was suspended from the practice of law for six months, his notarial commission was revoked, and he was disqualified from reappointment as a notary public for two years.

Practical Takeaways

• Safeguard your notarial seal at all times. The seal must be kept in a secure place, accessible only to you or a person you expressly authorize. Losing control of your seal—even through theft or forgery—may result in administrative liability.
• Verify every document you notarize. A notary must personally require the parties to appear and must verify their identities with competent evidence. Never rely solely on community tax certificates if other proof is available.
• Maintain accurate notarial records. Entries in the Notarial Registry Book must reflect only documents you actually notarized. Inconsistent or unexplained entries are evidence of negligence.
• An affidavit of desistance will not save you. Disciplinary proceedings protect the public, not private interests. The complainant's withdrawal of the complaint does not bar the Court from imposing sanctions.
• Public office does not shield a lawyer from discipline. Membership in the Bar carries continuing obligations, and the Court may discipline lawyers even if they are not in active practice.

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