Notarizing Without Personal Appearance: The Cost of a Notary's Lapse

In a 2017 decision, the Supreme Court reminded all notaries public that notarization is never a routine act. In Ferguson v. Atty. Ramos (A.C. No. 9209, April 18, 2017), the Court suspended a lawyer from the practice of law for six months, revoked his notarial commission, and permanently disqualified him from ever being commissioned again as a notary public. The reason: he notarized a deed of sale without the parties personally appearing before him.

The case underscores a simple but critical rule: a notary public must never notarize a document unless the signatories are physically present and personally known to the notary, or properly identified. The consequences of violating this rule are severe and lasting.

The Facts of the Case

The complainant, Nenita De Guzman Ferguson, purchased a house and lot in Bulacan for P800,000.00 in 2007. When she later filed a case involving the property, she discovered that a Deed of Sale dated April 24, 2009—which became the basis for transferring the title—had been fraudulently altered. The price indicated was only P188,340.00, not the amount she actually paid. Her signature and her husband's signature were allegedly forged.

Atty. Salvador P. Ramos, the respondent, was the Chief Legal Officer of the DAR-Provincial Office in Bulacan. He denied notarizing the April 24, 2009 deed, claiming his signature was forged. However, he admitted to notarizing a "genuine" Deed of Sale dated May 12, 2009, involving the same property.

The Fatal Flaw in the Notary's Defense

The Court found that even if Atty. Ramos only notarized the May 12, 2009 deed, he still violated the rules. The complainant presented her husband's passport showing he was not in the Philippines on that date—he only entered the country in May 2001 and left in June 2001. He could not have personally appeared before Atty. Ramos.

The Court also noted a suspicious detail: both the April 24 and May 12, 2009 deeds bore the same document number, page number, and book number in Atty. Ramos's notarial registry. If the earlier deed was truly forged, the Court reasoned, how would the forger have known the details of the notary's registry?

The Rule on Personal Appearance

The Court cited Section 1 of Public Act No. 2103 (the Notarial Law) and Section 2(b), Rule IV of the 2004 Rules on Notarial Practice. These rules require that a notary public shall not perform a notarial act if the signatory is not in the notary's presence personally at the time of notarization, and is not personally known to the notary or identified through competent evidence of identity.

The Court emphasized that notarization is not an empty, meaningless, or routinary act. It is imbued with public interest. When a notary affixes a seal, the document becomes a public document entitled to full faith and credit. Courts, agencies, and the public must be able to rely on the notary's certification that the parties personally appeared and acknowledged the document as their free act.

By notarizing the deed without the parties' presence, Atty. Ramos violated not only the Rules on Notarial Practice but also Canon 1 and Rule 1.01 of the Code of Professional Responsibility, which prohibit a lawyer from engaging in unlawful, dishonest, immoral, or deceitful conduct.

The Penalty

The Integrated Bar of the Philippines recommended a six-month suspension and a two-year disqualification from being commissioned as a notary public. The Supreme Court agreed with the suspension but imposed a harsher penalty on the notarial aspect: permanent disqualification from being commissioned as a notary public.

The Court also referred the matter to the Civil Service Commission regarding the charge of private practice while in government service, and to the Bureau of Internal Revenue for assessment of correct taxes and possible criminal prosecution under the National Internal Revenue Code.

Practical Takeaways

• Never notarize without personal appearance. A notary must see the signatory in person at the time of notarization. This is non-negotiable.
• Verify identity. The signatory must be personally known to the notary or identified through competent evidence of identity, as defined by the Rules.
• Keep your own notarial registry. Entries must be made by the notary personally, not by secretaries or staff.
• A forged signature is not a defense. A notary who claims forgery must present corroborative evidence; bare denial is not credible.
• The penalty can be permanent. Violations can lead to suspension from the practice of law, revocation of the notarial commission, and permanent disqualification from ever being a notary again.

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