Notarial Misconduct: Lawyers Bound by Commissioned Territory and Responsibilities

The Supreme Court’s 2009 decision in Laquindanum v. Quintana (A.C. No. 7036) serves as a clear warning to lawyers: a notarial commission is a privilege with strict territorial and personal limits. The case reminds every lawyer that notarizing outside one’s commissioned area, using an expired commission, or allowing a non-lawyer to notarize documents are serious offenses that can lead to suspension from law practice.

The Case Against Atty. Quintana

Executive Judge Lily Lydia A. Laquindanum of the Regional Trial Court of Midsayap, Cotabato filed an administrative complaint against Atty. Nestor Q. Quintana. The complaint alleged that Atty. Quintana performed notarial acts in Midsayap, Cotabato—an area outside the territorial jurisdiction of the court that commissioned him.

Atty. Quintana held a notarial commission for Cotabato City and the Province of Maguindanao. Despite a directive from Judge Laquindanum to stop, he continued notarizing documents in Midsayap, which is part of the Province of Cotabato, not Maguindanao or Cotabato City.

The Issue

The central question was whether Atty. Quintana violated the 2004 Rules on Notarial Practice by performing notarial acts outside his commissioned territory and by allowing his wife to notarize documents in his absence.

The Court’s Ruling

The Supreme Court found Atty. Quintana guilty of multiple violations. The Court adopted the findings of the Office of the Bar Confidant and imposed a six-month suspension from the practice of law, revocation of his notarial commission, and a two-year disqualification from being commissioned as a notary public.

Territorial limits are absolute. Under Section 11, Rule III of the 2004 Rules on Notarial Practice, a notary public may perform notarial acts only within the territorial jurisdiction of the commissioning court. Atty. Quintana’s commission covered only Cotabato City and Maguindanao. Midsayap, being part of the Province of Cotabato, was outside this area. The Court rejected his argument that practicing law anywhere in the Philippines allowed him to notarize anywhere. Notarial authority is separate and distinct from the general practice of law.

Expired commission means no authority. Atty. Quintana continued notarizing documents even after his commission expired on December 31, 2005, without renewal. The Court held that notarizing with an expired commission violates the lawyer’s oath to obey the laws and amounts to deliberate falsehood, as the public is deceived into believing the notary is duly commissioned.

Personal accountability cannot be delegated. Atty. Quintana claimed his wife notarized several documents without his authorization. The Court rejected this defense, citing Lingan v. Calubaquib: a notary public is personally accountable for all entries in the notarial register and cannot pass the blame to secretaries or family members. He was found guilty of violating Canon 9 of the Code of Professional Responsibility, which prohibits lawyers from assisting in the unauthorized practice of law.

The notary must verify the signatory’s presence. The Court also found that Atty. Quintana notarized a Deed of Donation where one signatory had already died before the notarization. This violated Section 2(b)(1), Rule IV of the 2004 Rules on Notarial Practice, which requires the signatory to be personally present before the notary.

Practical Takeaways

• Know your commission’s boundaries. A notarial commission is valid only within the territorial jurisdiction of the commissioning court. Notarizing outside that area is malpractice and falsification.
• Renew your commission on time. Notarizing with an expired commission deceives the public and violates the lawyer’s oath.
• Never delegate notarial acts. A notary is personally accountable for every entry in the notarial register. Allowing a non-lawyer to notarize documents is assisting in unauthorized practice.
• Verify identity and presence. Always require the signatory to appear personally and present competent evidence of identity before notarizing.
• A commission is not a business. The Court stressed that a notarial commission is a privilege imbued with public interest, not a money-making venture.

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