Notarial Duty Failure To Verify Identity Leads To Suspension And Disqualification

The Supreme Court has long held that notarization is not a meaningless routinary act. It is a function impressed with public interest, and a notary public who fails to verify the identity of parties appearing before him faces serious administrative consequences. In Lanuzo v. Bongon (A.C. No. 6737, September 23, 2008), the Court suspended a lawyer for one year and disqualified him from being commissioned as notary public for two years after he notarized a deed of sale where one of the purported signatories had already been dead for years.

The Facts

Flocerfida Lanuzo filed a disbarment complaint against Atty. Jesus B. Bongon. Her husband had purchased agricultural land in Baras, Rizal from Fernando Nangyo in 1996. In December 2004, while paying real estate taxes, she discovered that the same land had been sold by Fernando Nangyo to Librada Santos.

Upon obtaining a copy of the Deed of Sale, she found that the Acknowledgment was signed and verified by Atty. Bongon as Notary Public of Pasay City on April 20, 2004. The deed bore the signature of Primitiva Nangyo as co-vendor — yet Primitiva had died on August 10, 1997, six years before the notarization.

Atty. Bongon claimed he had no part in preparing the deed and that Librada Santos presented it to him for notarization. He denied falsifying the document or conspiring with the parties.

The Issue

The central question was whether Atty. Bongon violated notarial rules by notarizing a deed without requiring the parties to personally appear before him and without ascertaining their identities.

The Ruling

The Supreme Court sustained the findings of the Integrated Bar of the Philippines (IBP). The Court held that a notary public must not notarize a document unless the persons who signed it are the same persons who executed it and personally appeared before him to attest to its contents. This requirement exists to enable the notary to verify the genuineness of signatures and to ascertain that the document reflects the parties' free act.

Atty. Bongon failed this duty. He stated in the Acknowledgment that Primitiva Nangyo personally appeared before him, yet she had long been deceased. The Court found this to be a clear failure to exercise utmost diligence in performing his functions as a notary public. By notarizing the questioned deed, he engaged in unlawful, dishonest, immoral, or deceitful conduct.

The Court emphasized that notarized documents are entitled to full credit upon their face. When notaries fail to observe basic requirements, public confidence in notarized documents is undermined.

However, the Court agreed with the IBP that there was insufficient evidence to hold Atty. Bongon liable for conspiring with the parties in falsifying the deed.

The Penalty

The Court ordered:

• Revocation of Atty. Bongon's notarial commission, if still existing;
• Disqualification from being commissioned as notary public for two years; and
• Suspension from the practice of law for one year.

He was also warned that a repetition of the offense would be dealt with more severely.

Practical Takeaways

• Verify identity personally. A notary public must require the parties to personally appear before him. Relying on a presenter or representative is not enough.
• Check for red flags. Had Atty. Bongon required personal appearance, he would have discovered that one of the signatories was dead. The deed also referenced different titles and locations — discrepancies that should have prompted further inquiry.
• Notarization carries heavy responsibility. A notarized document is presumed authentic. Failure to observe notarial requirements is a serious breach of professional duty, even without proof of conspiracy or intent to falsify.
• Administrative liability is separate from criminal liability. A notary can be disciplined even if there is no evidence of criminal conspiracy.
• Penalties can be severe. Suspension from practice and disqualification from notarial commission are real consequences for notarial negligence.

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