Understanding the Consequences of Notarial Misconduct in the Philippines

The Supreme Court has long emphasized that notarization is not a mere routine act but one invested with substantial public interest. When a lawyer notarizes a document, that document becomes public and is admissible in court without further proof of its authenticity. This is why the Court takes notarial misconduct seriously, as shown in the 2020 case of Lim v. Tabiliran, Jr. (A.C. No. 10793, September 16, 2020), where a lawyer was suspended and permanently barred from being commissioned as a notary public for multiple violations of the Rules on Notarial Practice.

The Facts of the Case

The case began when complainants filed a disbarment complaint against Atty. Jose C. Tabiliran, Jr. for violating the Rules on Notarial Practice and the Code of Professional Responsibility. The complaint alleged that the respondent notarized documents even when his notarial commission had expired. Specifically, he notarized an Authorization on March 18, 2011, and a Confirmation of Deed of Sale of Land in June 2013, both outside the periods when he was validly commissioned.

The respondent also failed to submit certified true copies of documents entered in his notarial register to the Clerk of Court, as required by the rules. When he eventually submitted his records, it was discovered that he assigned the same notarial details—the same document numbers, page numbers, and book numbers—to different documents. Additionally, he notarized two deeds of sale in favor of his own son, who was a party to those documents.

The Issue

The central question for the Court was whether the respondent should be administratively sanctioned for his acts as a notary public and as a lawyer.

The Court's Ruling

The Supreme Court affirmed the findings of the Integrated Bar of the Philippines and held the respondent administratively liable. The Court imposed the penalty of two years suspension from the practice of law, revoked his notarial commission, and permanently barred him from being commissioned as a notary public.

Notarizing Without a Commission

The Court stressed that only those duly commissioned may act as notaries public. A commission is the grant of authority to perform notarial acts. Without it, a lawyer is unauthorized to perform any notarial act. By notarizing documents without a valid commission, the respondent violated his lawyer's oath to obey the laws and engaged in unlawful and deceitful conduct, falling squarely within Rule 1.01 of Canon 1 of the Code of Professional Responsibility.

Violations of the Notarial Register Rules

Under Rule VI of the Rules on Notarial Practice, a notary public must give each document a unique number corresponding to the entry in the notarial register and must state the page where it is recorded. The notary must also forward certified copies of each month's entries to the Clerk of Court within the first ten days of the following month.

The respondent violated these rules in two ways. First, he failed to submit copies of documents he notarized from August 28, 2013 to December 31, 2014. Second, he assigned the same notarial details to multiple different documents. The Court noted that failure to strictly comply with these rules seriously undermines the dependability of notarized documents and constitutes gross negligence.

Notarizing Documents for a Relative

The Court also found that the respondent violated Section 3(c), Rule IV of the Notarial Rules, which disqualifies a notary public from performing a notarial act if the notary is a relative by consanguinity or affinity of the principal within the fourth civil degree. The respondent notarized two deeds of sale in favor of his son, who was privy to those documents. Given this express disqualification, the respondent should have refused to notarize those documents.

Practical Takeaways

• Notarization carries serious legal consequences. A notarized document is presumed authentic and admissible without further proof, so notaries must observe the highest standards of care.
• Never notarize without a valid commission. Performing notarial acts without authority is a violation of the lawyer's oath and the Code of Professional Responsibility, and can lead to suspension or disbarment.
• Maintain accurate notarial records. Each document must receive a unique number, and certified copies of monthly entries must be submitted to the Clerk of Court on time.
• Avoid conflicts of interest. A notary public cannot notarize documents for relatives within the fourth civil degree of consanguinity or affinity.
• Penalties for notarial misconduct are severe. A lawyer may face suspension from practice, revocation of notarial commission, and permanent disqualification from being commissioned again.

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