In Judge Gervacio A. Lopena v. Atty. Artemio P. Cabatos, the Supreme Court addressed the ethical responsibilities of notaries public, particularly concerning document verification. The Court found Atty. Cabatos remiss in his duties as a notary public for failing to properly verify the identity of an individual who appeared before him to acknowledge a Deed of Donation. The ruling underscores the importance of strict adherence to notarial duties, emphasizing the need for notaries to ensure the authenticity of documents and the identities of the signatories. This case reinforces the high standards expected of lawyers acting as notaries public, highlighting their role in upholding the integrity of legal documents.

When a Notary’s Blind Trust Leads to Breach of Duty

The case originated from an administrative complaint filed by Judge Gervacio A. Lopena against Atty. Artemio P. Cabatos, citing serious breach of professional ethics and grave misconduct. The core of the complaint centered on Atty. Cabatos’s notarization of a Deed of Donation purportedly executed by one Crispina Panis. However, Crispina Panis had already passed away months before the notarization. Additionally, Atty. Cabatos was accused of displaying disrespect towards the courts by organizing a rally against Judge Lopena. The judge had previously convicted Atty. Cabatos’s relatives in separate criminal cases. The central legal question was whether Atty. Cabatos had violated his duties as a notary public and committed acts of professional misconduct.

The IBP’s investigation revealed that Atty. Cabatos admitted he did not personally verify the identity of the person who signed the Deed of Donation. Instead, he relied on the assurance of a third party, Gregorio Ricafort. He said that Ricafort led him to believe that the individual presenting herself as Crispina Panis was indeed who she claimed to be. This admission proved crucial in the Court’s assessment. It directly contradicted the stringent requirements placed upon notaries public to ascertain the identities of signatories and the authenticity of documents. Building on this point, the Court emphasized that a notary’s role is not merely ministerial. It requires due diligence in ensuring the veracity of the documents they notarize.

The Court referenced established jurisprudence, highlighting that notaries public must observe the basic requirements in the performance of their duties with utmost care. The case Flores v. Chua underscored that a graver responsibility is placed upon a lawyer acting as a notary public, by reason of their solemn oath to obey the laws and to do no falsehood. The ruling drew attention to the expected higher standard of conduct.

In the case Flores v. Chua, 306 SCRA 465, that where the notary public is a lawyer, a graver responsibility is placed upon his shoulder by reason of his solemn oath to obey the laws and to do no falsehood or consent to the doing of any.

In light of these considerations, the Supreme Court found Atty. Cabatos culpable of failing to exercise the required degree of diligence as a notary public. This was compounded by the fact that one of the witnesses to the questioned document was his own father, Geronimo Cabatos, a resident of the same locality and potentially knowledgeable about Crispina Panis’s passing.

Moreover, the fact that the criminal case against Atty. Cabatos for falsification of public document was dismissed did not absolve him from administrative liability. The Court clarified that exoneration from a criminal case does not necessarily preclude administrative sanctions for the same act. These cases require distinct standards of proof and consider different aspects of accountability.

Consequently, the Court ordered the revocation of Atty. Cabatos’s notarial commission, if still existing. Further, the Court disqualified him from being commissioned as a notary public for one year, warning that a similar violation would be dealt with more severely. However, the charge of grave disrespect to the courts for organizing a rally was not sufficiently substantiated, and thus not factored into the penalty. The Supreme Court decision serves as a firm reminder to all notaries public to diligently perform their duties, ensuring that all documents presented before them are duly verified, and the identities of the signatories are confirmed. These serve to maintain the integrity of the notarial process and uphold public trust.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Cabatos violated his duties as a notary public by notarizing a document without properly verifying the identity of the signatory, who had already passed away.
What did the Court rule regarding Atty. Cabatos’s conduct?	The Court ruled that Atty. Cabatos failed to exercise the required degree of diligence as a notary public and thus, was administratively liable for his actions.
What penalty did Atty. Cabatos receive?	Atty. Cabatos’s notarial commission was revoked, and he was disqualified from being commissioned as a notary public for a period of one year.
Why was the criminal case dismissal not relevant to the administrative case?	The Court clarified that the dismissal of a criminal case does not preclude administrative sanctions, as they require different standards of proof and consider distinct aspects of accountability.
What duty does a notary public have in verifying identity?	A notary public has a duty to verify the identity of the persons who signed a document and personally appeared before them to attest to the truth of its contents.
Why is verifying identity important for a notary public?	Verifying identity is crucial for notaries public to ensure the genuineness of the signature of the acknowledging party and to ascertain that the document is the party’s free act of deed.
What was the significance of Atty. Cabatos’s father being a witness?	The fact that Atty. Cabatos’s father was a witness to the document implied that Atty. Cabatos could have easily verified the identity of the signatory, making his failure to do so even more negligent.
What was the Court’s warning to Atty. Cabatos?	The Court warned Atty. Cabatos that a similar violation by him in the future would be dealt with more severely, underscoring the seriousness of his breach of duty.

This case underscores the crucial role notaries public play in ensuring the integrity of legal documents. By demanding a high standard of diligence and accountability, the Supreme Court has reinforced the importance of verifying identities and preventing fraud in notarial practice.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: JUDGE GERVACIO A. LOPENA v. ATTY. ARTEMIO P. CABATOS, A.C. NO. 3441, August 11, 2005