Notarizing Without a Commission: Supreme Court Upholds Strict Notarial Rules

The Supreme Court has long emphasized that notarization is not a mere routine act — it converts private documents into public documents, making them admissible in evidence without further proof of authenticity. Because notarial documents are entitled to full faith and credit, only those who are properly commissioned may perform notarial acts. In Re: Violation of Rules on Notarial Practice (A.M. No. 09-6-1-SC, January 21, 2015), the Court En Banc dealt firmly with a lawyer who notarized documents without a commission, suspending him from practice and permanently barring him from ever being commissioned again.

The Facts of the Case

The case arose from three letter-complaints for violation of the Rules on Notarial Practice. The first was filed by commissioned notaries public in Lingayen, Pangasinan against Atty. Juan C. Siapno, Jr. They alleged that Siapno maintained a notarial office in Lingayen and performed notarial acts in Lingayen, Natividad, and Dagupan City without the requisite notarial commission.

Siapno had been commissioned as a notary public for San Carlos City, Pangasinan from March 22, 2007 to December 31, 2008, but his commission was never renewed. Evidence showed he notarized several documents in 2007 and 2008 in places outside his commission's territorial jurisdiction — including a Deed of Absolute Sale in Natividad and a Joint Affidavit and an Acknowledgement of Debt in Dagupan City. The complainants also alleged that Siapno delegated his notarial authority to his secretaries, who signed documents on his behalf.

The second complaint involved Atty. Pedro L. Santos, whose notarized affidavit of loss was denied authentication because he was not commissioned in Manila. The third complaint reported a certain "Atty. Evelyn" who was notarizing and signing documents for and on behalf of several lawyers.

The Issue

The central issue was whether Siapno violated the 2004 Rules on Notarial Practice by performing notarial acts without a valid commission and outside the territorial jurisdiction of the commissioning court.

The Court's Ruling

The Court found Siapno liable. Under Section 11, Rule III of the 2004 Rules on Notarial Practice, a person commissioned as notary public may perform notarial acts only within the territorial jurisdiction of the commissioning court, for a term of two years. Siapno's commission had expired, and he was never issued a new one for the places where he notarized documents.

The Court stressed that notarization is invested with substantive public interest. Only those qualified or authorized may act as notaries public. By performing notarial acts without the necessary commission, Siapno violated his oath to obey the law and breached Canons 1 and 7 of the Code of Professional Responsibility, which prohibit lawyers from engaging in unlawful, dishonest, or deceitful conduct and require them to uphold the integrity and dignity of the legal profession.

Citing prior cases, the Court noted that lawyers have been disciplined for notarizing outside their jurisdiction or with expired commissions. In Nunga v. Viray, a lawyer was suspended for three years for notarizing without a commission. In Zoreta v. Simpliciano, the respondent was suspended for two years and permanently barred from being commissioned. In Laquindanum v. Quintana, a lawyer was suspended for six months and disqualified from being commissioned for two years.

Finding the recommended penalty of a P50,000 fine insufficient, the Court suspended Siapno from the practice of law for two years and permanently barred him from being commissioned as a notary public.

The complaints against Atty. Santos and "Atty. Evelyn" were re-docketed as separate administrative cases, with the Executive Judge of the Regional Trial Court of Manila ordered to conduct formal investigations.

Practical Takeaways

• A notarial commission is strictly territorial. A notary public may only perform notarial acts within the jurisdiction of the court that issued the commission. Notarizing outside that area is a violation.
• An expired commission means no authority. Continuing to notarize after a commission lapses is a serious offense, even if the lawyer was previously commissioned.
• Notarization carries heavy responsibility. Because notarized documents are admitted in court without further proof of authenticity, notaries must observe the utmost care in performing their duties.
• Delegating notarial authority is prohibited. A notary cannot assign secretaries or staff to sign or notarize documents on their behalf.
• Penalties can be severe. Lawyers who violate notarial rules risk suspension from practice and permanent disqualification from being commissioned as notaries.

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