Upholding Integrity: A Lawyer's Duty in Notarizing Documents and Avoiding Deceitful Conduct

The Supreme Court has long reminded lawyers that notarization is not a mere ministerial act. In Maniquiz v. Emelo (A.C. No. 8968, September 26, 2017), the Court suspended a lawyer for two years and perpetually disqualified him from being commissioned as a notary public for notarizing a fictitious deed of absolute sale without all parties appearing before him and without a valid notarial commission. The case underscores the heavy ethical responsibilities that come with the notarial function and the severe consequences for lawyers who treat it lightly.

The Facts of the Case

Complainant Ma. Vilma Maniquiz alleged that Atty. Danilo C. Emelo notarized a Deed of Absolute Sale containing the falsified signature of her sister-in-law, Mergelita Sindanom Maniquiz, as vendor of a parcel of land in favor of spouses Leonardo and Lucena Torres. When shown the document, Mergelita denied ever signing it. The document also lacked the names of witnesses, government-issued identification of the vendees, and Emelo's notarial commission and roll of attorneys number.

When confronted, Emelo admitted notarizing the deed based on a photocopy of Mergelita's passport shown to him by his kumpare, Leonardo Torres. He claimed the parties appeared before him, but he could not retrieve his 2007 notarial commission because his house was flooded by typhoon Milenyo. He admitted notarizing without a commission and begged for clemency.

The Issue

The central issue was whether Emelo should be held administratively liable for notarizing a fictitious document without the required notarial commission and without all parties personally appearing before him.

The Court's Ruling

The Supreme Court upheld the findings of the Integrated Bar of the Philippines and found Emelo guilty of deceit, gross misconduct, and dishonesty. The Court suspended him from the practice of law for two years, revoked his notarial commission if presently commissioned, and perpetually disqualified him from being commissioned as a notary public.

The Court emphasized that notarization is invested with substantive public interest. A notary public assures the public that the provisions in a document express the true agreement between the parties. This cannot be achieved if the parties are not physically present before the notary, since the possibility of forgery becomes real.

The Ethical Violations

The Court found Emelo's acts violated Canon 1, Rule 1.01 of the Code of Professional Responsibility, which prohibits lawyers from engaging in unlawful, dishonest, immoral, or deceitful conduct. Performing a notarial act without a commission violates the lawyer's oath to obey the laws, specifically the Notarial Law. By making it appear he was duly commissioned when he was not, Emelo indulged in deliberate falsehood.

The Court stressed that a notary public must discharge his duties with accuracy, fidelity, and faithfulness. Notaries must inform themselves of the facts they certify to and must not take part in illegal transactions. Membership in the legal profession is a privilege bestowed only upon those with good moral character, and lawyers must comport themselves with honesty and integrity beyond reproach.

Practical Takeaways

• Notarization is a public trust. A notary public must verify the identity of all parties and ensure they personally appear before him or her. Notarizing based on a photocopy of a passport or on the word of a third party is not enough.
• A notarial commission is mandatory. Performing notarial acts without a valid commission is a violation of the lawyer's oath and the Notarial Law, and constitutes deceitful conduct.
• Lawyers face severe consequences. Violations can result in suspension from the practice of law, revocation of notarial commission, and perpetual disqualification from being commissioned as a notary public.
• Personal appearance is non-negotiable. The notary must confirm that the persons executing the document are the same parties who appear before him or her. Failure to do so opens the door to forgery and fraud.
• Integrity is paramount. Lawyers must uphold the law and avoid any act that diminishes public confidence in the legal profession.

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