Unauthorized Notarization Lawyers Face Suspension FOR Expired Commissions

Notarization is not a routine act. It converts private documents into public ones, making them admissible in court without further proof of authenticity. Because of this, the Supreme Court has repeatedly emphasized that only lawyers with a valid, unexpired notarial commission may perform notarial acts.

When a lawyer notarizes documents without such a commission—or after the commission has expired—the consequences can be severe. In Zoreta v. Atty. Simpliciano (A.C. No. 6492, November 18, 2004), the Court imposed a two-year suspension from the practice of law and a permanent ban from being commissioned as a notary public.

The Case: Notarizing Without a Commission

Complainant Melanio Zoreta filed a disbarment complaint against Atty. Heherson Alnor G. Simpliciano for notarizing several documents in 2002, even though his notarial commission had expired on December 31, 2001.

The documents included verifications, certifications against forum shopping, affidavits of merit, and affidavits of service. These were attached to pleadings filed before the Regional Trial Court of Antipolo City and the Court of Appeals.

Certifications from the Clerk of Court of Quezon City confirmed that Atty. Simpliciano had not applied for or been issued a notarial commission for 2002 and 2003. His last commission covered the period from January 14, 2000, to December 31, 2001.

Despite this, records showed he had already notarized 590 documents by August 2002.

The Issue: Misconduct or Simple Oversight?

The central issue was whether a lawyer who notarizes documents after the expiration of his commission may be held administratively liable.

The Court ruled that he could. Notarizing without a valid commission is not a mere technicality—it is a serious violation of the lawyer's oath and the Notarial Law.

The Ruling: A Privilege, Not a Right

The Supreme Court adopted the findings of the Integrated Bar of the Philippines (IBP) that Atty. Simpliciano had committed gross misconduct. However, the Court increased the penalty recommended by the IBP.

The Court suspended Atty. Simpliciano from the practice of law for two years and barred him permanently from being commissioned as a notary public.

In its ruling, the Court stressed that the practice of law is not a right but a privilege. A lawyer may be deprived of this privilege for misconduct. The purpose of suspension or disbarment is not to punish the lawyer but to protect the public and the administration of justice.

The Court also noted that the respondent failed to file an answer despite being given several opportunities. This lack of interest in defending the charges indicated he had no valid defense.

Why Unauthorized Notarization Is Serious

The Court explained that notarization is invested with substantive public interest. A notarial document is entitled to full faith and credit upon its face. When a lawyer notarizes without authority, the public, the courts, and administrative offices are misled into believing the document is authentic.

The Court characterized the act as "reprehensible," constituting malpractice and even the crime of falsification of public documents. It cited several prior cases where lawyers were disciplined for similar conduct:

• Flores v. Lozada – disbarment for notarizing six documents after the commission expired
• Joson v. Baltazar – three-month suspension for a single unauthorized notarization
• Nunga v. Viray – three-year suspension for unauthorized notarization with aggravating circumstances
• Buensuceso v. Barrera – one-year suspension for notarizing five documents with an expired commission

Practical Takeaways

• Check your commission dates. A lawyer must ensure that a notarial commission is valid and unexpired before performing any notarial act. Renewal must be applied for before the expiration date.
• Do not notarize "as a courtesy." Notarizing a document without a valid commission is a violation of the lawyer's oath, Canon 1, Rule 1.01 of the Code of Professional Responsibility, and the Notarial Law.
• The number of documents matters. Notarizing even one document without authority can lead to discipline. Notarizing hundreds, as in this case, invites a harsher penalty.
• Ignoring the complaint makes things worse. Failure to file an answer or appear in disciplinary proceedings can be taken as an admission of the charges.
• Penalties can be severe. A lawyer found guilty of unauthorized notarization may face suspension from the practice of law, permanent disqualification from being a notary public, or even disbarment.

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