Upholding Integrity in Notarial Duty: Consequences of Improper Acknowledgment in Philippine Law

The Supreme Court has long reminded notaries public that their office is impressed with public interest. In Gonzales v. Bañares (A.C. No. 11396, June 20, 2018), the Court imposed a six-month suspension from the practice of law, revocation of notarial commission, and two-year disqualification from being commissioned as a notary public on a lawyer who notarized a Deed of Absolute Sale without one of the signatories personally appearing before him. The case underscores a simple but often violated rule: a notary must never notarize a document unless the persons who signed it are the very same ones who personally appear before the notary to acknowledge it.

The Facts of the Case

Complainant Franco B. Gonzales filed an administrative complaint against Atty. Danilo B. Bañares. Gonzales alleged that on September 23, 2010, a Deed of Absolute Sale covering three parcels of land was executed between his mother, Lilia Gonzales, as seller, and Flordeliza Soriano, as buyer. The document, however, bore the name and signature of his father, Rodolfo Gonzales, who was in Irosin, Sorsogon at the time of the supposed signing. Gonzales also claimed that his own name and signature appeared as a witness even though he was not present.

Atty. Bañares denied the accusations. He claimed that Rodolfo merely "pre-signed" the document to manifest his conformity as the seller's husband, and not as co-owner of the property. He insisted that he was present during the signing and that the parties appeared before him.

The Issue

The central question was whether Atty. Bañares should be held administratively liable for notarizing the deed despite Rodolfo Gonzales not being personally present before him at the time of notarization.

The Court's Ruling

The Court upheld the findings of the Integrated Bar of the Philippines and found Atty. Bañares administratively liable. The Court noted that his own admission—that Rodolfo merely "pre-signed" the document—was contrary to his certification in the Acknowledgment that Rodolfo personally appeared before him and acknowledged the deed as his free and voluntary act.

The Court emphasized that notarization is not an empty, meaningless, or routinary act. It converts a private document into a public one and renders it admissible in court without further proof of authenticity. Courts, administrative agencies, and the public must be able to rely on the acknowledgment executed by a notary public.

The Governing Rules

The Court anchored its ruling on the 2004 Rules on Notarial Practice, which define "acknowledgment" as an act in which an individual appears in person before the notary public, is personally known to the notary or identified through competent evidence of identity, and represents that the signature was voluntarily affixed for the purposes stated in the document. The Rules also prohibit a person from performing a notarial act if the signatory is not in the notary's presence personally at the time of notarization, or is not personally known to the notary or identified through competent evidence of identity. The exact text of these provisions is not reproduced in the library consulted for this article.

The Court also found the violation to fall squarely within Rule 1.01, Canon 1 of the Code of Professional Responsibility, which prohibits a lawyer from engaging in unlawful, dishonest, immoral, or deceitful conduct.

Why This Matters

The case is a stern reminder that a notary public's function should never be trivialized. A notary must always inform himself of the facts he certifies to, verify the genuineness of signatures, and guard against illegal or spurious documents. The notary cannot avoid responsibility by claiming a prior meeting with the parties or that a signatory had already given conformity to the sale. The proper course is to make arrangements so that all parties and witnesses are present at the time of signing.

Practical Takeaways

• Personal appearance is non-negotiable. A notary public must not notarize a document unless all signatories personally appear before him or her at the time of notarization.
• Pre-signed documents are a red flag. Accepting a document where a party pre-signed to manifest conformity is a direct violation of the Rules on Notarial Practice.
• Notarization carries public trust. It converts private documents into public ones, and the public must be able to rely on the notary's certification.
• Violations carry serious penalties. A notary public who violates these rules risks suspension from the practice of law, revocation of notarial commission, and disqualification from future commissions.
• Good faith is not a defense. Prior meetings or verbal conformity do not excuse the failure to comply with the personal appearance requirement.

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