Notarizing With an Expired Commission: A Cautionary Tale for Legal Practitioners

A document notarized by someone whose commission has expired can unravel a transaction, invalidate a deed, and trigger serious disciplinary action against the notary. In a recent disciplinary case, the Supreme Court of the Philippines showed just how costly this mistake can be — especially when the notary tries to cover it up.

Why Notarization Matters

Notarization is not a mere formality. Under the 2004 Rules on Notarial Practice, a notary public converts a private document into a public document, making it admissible in evidence without further proof of authenticity. This is why the rules require a valid commission before anyone can perform notarial acts.

Two key provisions are worth remembering:

• Section 1, Rule II — A notarial commission lasts two years, starting January 1 of the year the notary was appointed, unless revoked or resigned earlier.
• Section 11, Rule VI — A notary must not perform a notarial act unless the signatory is personally present at the time of notarization.

These rules exist to protect the public. When a notary stamps a document, it signals that the document has been verified and witnessed. That trust is the foundation of countless legal and business dealings — from property deeds to wills to contracts.

What Happened in the Case

Executive Judge Juanita T. Guerrero filed a letter-report against Atty. Ma. Eleanor La-Arni A. Giron, noting that the lawyer had continued notarizing documents even after her commission expired on December 31, 2014. An inventory by the Office of the Clerk of Court confirmed the notarial acts were made beyond the expiration date.

Atty. Giron claimed good faith, insisting she believed her commission was valid until December 31, 2015. But the evidence told a different story: she had tampered with the dates on her notarial stamps to make it appear her commission was still active. That act of manipulation directly contradicted her defense.

The Supreme Court was blunt about the gravity of the offense:

"Notarization of documents is not an empty, meaningless routinary act but one invested with substantive public interest. The notarization by a notary public converts a private document into a public document, making it admissible in evidence without further proof of its authenticity."

On the tampering, the Court added:

"By making it appear that she is duly commissioned when she is not, she is, for all legal intents and purposes, indulging in deliberate falsehood."

The Court found Atty. Giron guilty of malpractice as a notary public and of violating her lawyer's oath and the Code of Professional Responsibility. She was suspended from the practice of law for two years and permanently barred from being commissioned as a notary public.

What This Means for Practitioners

The ruling sends a clear message: notarial integrity is non-negotiable. Good faith will not save a notary who has deliberately misrepresented their authority. And for clients, a document notarized by an unauthorized person may face serious legal challenges, including disputes over its validity or the need for re-notarization.

Practical Takeaways

• Check your commission dates. Before every notarial act, verify that your commission is current. Ignorance of an expiration date is not a defense.
• Never tamper with notarial stamps. Altering dates or other details is a deliberate falsehood that will likely lead to severe sanctions.
• Keep accurate records. Maintain a clear log of all notarial acts, including commission validity, to avoid unintentional violations.
• Stay updated on the rules. The 2004 Rules on Notarial Practice and related issuances should be reviewed regularly.
• If you suspect a violation, report it. Concerns about a notary's authority may be raised with the appropriate judicial authority or the Office of the Bar Confidant.

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