Why Accurate Notarization Matters: Lessons from a Lawyer's Suspension

Notarization is far more than a routine stamp on a document. It transforms a private document into a public one, making it admissible in court without further proof of its authenticity. When a notary public fails to record notarized documents properly, public trust in the entire legal system suffers. In a 2020 decision, the Supreme Court reminded lawyers of this duty by disciplining a notary public who failed to record five documents in his notarial register.

The Case: Re: Order Dated December 5, 2017 in Adm. Case No. NP-008-17 (A.C. No. 12274)

The case arose from a complaint filed by the corporate secretary of the United Cadiz Sugarcane Planters Association, Inc. (UCSPAI) against Atty. John Mark Tamaño. The association alleged that Tamaño notarized its General Information Sheets (GIS) for the years 2010 to 2014 without the affiants' personal appearance. More importantly, Tamaño assigned notarial particulars—such as document numbers and book references—that belonged to other documents he had previously notarized.

The parties stipulated that Tamaño did not record the five GIS in his notarial register. Certificates from the Office of the Clerk of Court confirmed that the notarial details written on the GIS pertained to entirely different documents, such as a Deed of Absolute Sale and a Memorandum of Agreement. The GIS were nowhere to be found in Tamaño's notarial books.

The Issue

The central question was whether Tamaño's failure to record the notarized GIS in his notarial register constituted a violation of the 2004 Rules on Notarial Practice and the Code of Professional Responsibility (CPR), warranting disciplinary action.

The Ruling

The Supreme Court found Tamaño guilty of violating the Notarial Rules and the CPR. The Court emphasized that notarization is "not an empty, meaningless or routinary act, but invested with substantive public interest." When a notary public certifies a document, that document gains the force of evidence. If the document does not appear in the notarial records, doubt arises as to whether it was really notarized at all.

The Court rejected Tamaño's excuse that his office staff failed to record the entries. Under the 2004 Rules on Notarial Practice, it is the notary public who is charged with recording in the notarial register the details of every notarial act. The exact wording of the provision requiring the notary to personally make these entries is not available in the ASG law library, but the Court's ruling in this case makes clear that the duty belongs to the notary, not to staff. Delegating this task to staff also violates the CPR's prohibition on lawyers delegating to unqualified persons tasks that only members of the Bar may perform.

The Court also dismissed Tamaño's argument that the association benefited from the notarization because the Securities and Exchange Commission required it. The principal function of a notary public is to authenticate documents, and failure to record them undermines public confidence in notarized deeds.

The Court suspended Tamaño from the practice of law for one year, revoked his notarial commission, and disqualified him from being commissioned as a notary public for two years.

Why This Matters

This case underscores that notaries public are personally accountable for every entry in their notarial register. Recording is not a clerical task that can be delegated. The notarial register is the official record of a notary's acts, and its accuracy is essential to preserving the evidentiary value of notarized documents.

Practical Takeaways

• Notarization is a serious legal act. It converts private documents into public ones, giving them evidentiary weight in court and before government agencies.
• The notary public must personally record every notarial act. Delegating this duty to office staff is a violation of the Notarial Rules and the CPR.
• Accurate entries are mandatory. Each document must be assigned its own entry number, page number, and other details in the notarial register at the time of notarization.
• Failure to record can lead to severe penalties. Sanctions include suspension from the practice of law, revocation of the notarial commission, and disqualification from future commissions.
• Ignorance or reliance on staff is no excuse. Notaries are held to the highest standard of care and fidelity in performing their duties.

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