Notarial Negligence: Holding Notaries Public Accountable for Improperly Authenticated Documents

A notary public who notarizes a document without verifying the identity of the persons appearing before him can lose his commission and face disqualification. In Dela Cruz v. Zabala (A.C. No. 6294, November 17, 2004), the Supreme Court reminded notaries that notarization is never a routine or meaningless act—it carries substantial public interest and demands utmost care.

What Happened in This Case

The case arose from a complaint against Atty. Alejandro P. Zabala, a commissioned notary public in Quezon City. The complainant alleged that Zabala notarized a Deed of Absolute Sale over a parcel of land covered by Original Certificate of Title No. 4153. The deed was supposedly executed by spouses Pedro Sumulong and Cirila Tapales in favor of the complainant and his wife.

The problem: the two purported sellers were already dead when the deed was notarized. The complainant also pointed out that the deed was notarized with unknown witnesses, and that only one of the two alleged sellers appeared before the notary—even though the property was co-owned by both spouses.

The Notary's Defense

Zabala argued that a notary need not go beyond the documents presented for notarization. He claimed that as long as the parties appeared before him and presented their community tax certificates, the minimum requirements were met. He also said he had no way of knowing whether the persons who appeared before him were the real owners or mere impostors.

The Supreme Court rejected this defense. The Court noted that on its face, the deed was irregular: only one of the two co-owners appeared and executed the deed, and no copy of the title was attached when it was presented for notarization. These circumstances, the Court said, should have alerted the notary. Given how easily community tax certificates can be obtained, a notary must be more vigilant in ascertaining the identity of the persons appearing before him.

Notarization Is Not an Empty Ritual

The Court emphasized that notarization converts a private document into a public document, making it admissible in evidence without further proof of authenticity. A notarial document is entitled to full faith and credit upon its face. For this reason, a notary public must observe with utmost care the basic requirements of the job; otherwise, public confidence in the integrity of notarized documents would be undermined.

Under Section 1 of Public Act No. 2103, the notary must certify that the person acknowledging an instrument is known to him and is the same person who executed it, and that the person acknowledged the document as his free act and deed. A notary should not notarize a document unless the persons who signed it are the very same persons who executed it and personally appeared before him to attest to its contents.

The Consequences

The Court found Zabala guilty of gross negligence in his conduct as a notary public. His notarial commission was revoked, and he was disqualified from being commissioned as a notary public for two years. He was also ordered to show cause why he should not face disciplinary action as a member of the Bar.

This case demonstrates that notarial negligence is not treated lightly. Even though the IBP initially recommended only a reprimand, the Supreme Court imposed a heavier penalty, recognizing the seriousness of the notary's failure.

Practical Takeaways

• Verify identity diligently. A notary must personally know the persons appearing before him or take reasonable steps to ascertain their identity. Community tax certificates alone are not enough.
• Check the document for red flags. If a document appears irregular—such as a deed where only one co-owner appears, or where no title copy is attached—the notary should not proceed.
• Notarization has legal consequences. By affixing a notarial seal, the notary certifies to the world that all parties appeared, that they are known to him, and that they executed the document voluntarily.
• Negligence can cost a career. Gross negligence in notarial duties can result in revocation of the notarial commission and disqualification from future commissions, and may even lead to disciplinary action as a lawyer.

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