Notarial Negligence: A Lawyer's Duty to Supervise and the Risks of Delegating Notarial Functions

A notary public performs a function that the law treats as personal and non-delegable. When a lawyer allows office staff to handle notarial acts — signing, sealing, or recording documents — the consequences can include suspension of the notarial commission. The Supreme Court addressed this squarely in Spouses Santuyo v. Atty. Edwin A. Hidalgo (A.C. No. 5838, January 17, 2005), a case that clarifies just how far a lawyer's responsibility extends when notarial tasks are entrusted to others.

What Happened in the Case

Spouses Benjamin and Editha Santuyo bought a parcel of land in December 1991 through a deed of sale. The deed appeared to have been notarized by Atty. Hidalgo and was entered in his notarial register as Doc. No. 94, Page No. 19, Book No. III, Series of 1991.

About six years later, a dispute arose over the land's ownership. In a criminal case for estafa through falsification of a public document, a party presented an affidavit from Atty. Hidalgo denying that the signature on the deed was his. The spouses were accused of forging his notarial signature.

The spouses insisted they could not have forged the signature. The deed bore all the formalities of a notarized document, including the notary's dry seal. They had no access to his seal or register.

The Lawyer's Defense

Atty. Hidalgo denied notarizing the deed. He explained that he had once worked as a junior lawyer at a law firm where he was asked to apply for a notarial commission. While he notarized documents there, the subject deed was not among them.

As a matter of office procedure, documents were reviewed by senior lawyers before notarization. He also claimed that, on some occasions, the firm's secretaries would themselves affix the dry seal of junior associates on documents. He added that he was on vacation on the date the deed was supposedly notarized and suggested that the complainants may have gone to the law office and arranged for a secretary to notarize the document.

What the Court Found

The Court noted that the complainants never categorically stated that they personally appeared before Atty. Hidalgo to have the deed notarized. They were certain only that his signature appeared on the document, not that he had signed it. They also did not refute his claim that he first met complainant Benjamin Santuyo only in November 1997 — about six years after the alleged notarization. A witness corroborated this account.

Even so, the Court found Atty. Hidalgo negligent in the performance of his notarial duties. The Integrated Bar of the Philippines (IBP), which investigated the case, found that he had allowed office secretaries to perform his notarial functions, including keeping custody of his notarial dry seal and notarial register.

The IBP reasoned that the responsibility of a notary public is sensitive, and a notary must be discreet and cautious. A notary should not wholly entrust everything to secretaries. If the preparation and mechanics of notarization are left entirely to staff, there is a real possibility that even the notary's signature — the one act reserved for him — could be affixed by someone else, as allegedly happened in this case.

The IBP also stressed that allowing secretaries to make entries in the notarial registry was itself negligence, since the registry is supposed to be kept by the notary alone.

The Ruling

The Supreme Court found Atty. Hidalgo guilty of negligence in the performance of his duties as notary public. He was suspended from his commission as a notary public for two years, if commissioned. If not commissioned, he was disqualified from appointment as a notary public for two years from the finality of the resolution. He was warned that a repetition of similar negligent acts would be dealt with more severely.

Why This Matters

The case establishes that a notary public's duties are personal and cannot be shifted to staff. A lawyer who obtains a notarial commission accepts a public trust. The notarial register, the dry seal, and the act of notarization itself are the notary's responsibility alone.

Delegating these tasks — even as a matter of office convenience — exposes the notary to administrative liability. It also creates the risk that documents may be notarized without the parties personally appearing before the notary, undermining the integrity of the notarial act.

Practical Takeaways

• A notary public cannot delegate notarial functions to secretaries or staff. The act of notarization, custody of the dry seal, and entries in the notarial register are personal duties.
• Even without proof that the notary personally signed a questioned document, allowing staff to handle notarial tasks can result in a finding of negligence.
• The penalty for notarial negligence includes suspension or disqualification from holding a notarial commission for a period fixed by the Court.
• Lawyers who employ staff in a law office should establish clear procedures ensuring that only the commissioned notary performs notarial acts and maintains the notarial register.
• A notary's failure to require personal appearance of the parties can cast doubt on the authenticity of notarized documents and expose the notary to liability.

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