The Supreme Court held that a lawyer who notarizes documents after their notary public commission has expired is subject to disciplinary action. This ruling underscores the importance of upholding the integrity of the notarial process and ensures that only authorized individuals perform notarial acts. Lawyers found to have engaged in unauthorized notarization may face penalties ranging from suspension to permanent disqualification from acting as a notary public, protecting the public from potential fraud and misrepresentation.

The Case of the Expired Commission: Can a Lawyer Notarize Without Authority?

This case arose from a complaint filed against Atty. Heherson Alnor G. Simpliciano, who was accused of notarizing several documents in 2002 despite his commission as a notary public having expired. The complainant, Melanio L. Zoreta, presented evidence showing that Atty. Simpliciano notarized various affidavits and verifications used in a court case where he represented Security Pacific Assurance Corporation (SPAC). Certifications from the Clerk of Court of Quezon City confirmed that Atty. Simpliciano was not a duly commissioned notary public for the year 2002. The central legal question was whether notarizing documents without a valid commission constitutes misconduct and warrants disciplinary action against the lawyer.

The Integrated Bar of the Philippines (IBP) investigated the complaint and found that Atty. Simpliciano had indeed notarized documents without a valid commission. Despite being given the opportunity to respond to the allegations, Atty. Simpliciano failed to present any evidence to rebut the complainant’s claims. The IBP’s Investigating Commissioner recommended that Atty. Simpliciano be penalized for violating the Notarial Law and the Code of Professional Responsibility.

The Supreme Court emphasized that the practice of law is a privilege burdened with conditions, and lawyers must maintain high standards of legal proficiency, honesty, and fair dealing. The Court reiterated that notarization is not a mere formality but an act invested with substantive public interest. Only qualified and authorized individuals may act as notaries public to protect the public, the courts, and administrative offices from unqualified individuals.

“The notarization by a notary public converts a private document into a public document making that document admissible in evidence without further proof of authenticity. A notarial document is by law entitled to full faith and credit upon its face. For this reason, notaries public must observe with utmost care the basic requirements in the performance of their duties.”

Building on this principle, the Court referenced previous cases where lawyers were penalized for notarizing documents with an expired commission. In Flores v. Lozada, a lawyer was disbarred for notarizing six documents after their commission expired. In Joson v. Baltazar, the lawyer was suspended for three months for a single instance of unauthorized notarization. The Court noted that the penalty varies depending on the number of unauthorized notarizations and the surrounding circumstances.

The Court highlighted that notarizing documents without the proper commission violates the lawyer’s oath to obey the laws, specifically the Notarial Law. Moreover, it constitutes deliberate falsehood, as the lawyer makes it appear that they are duly commissioned when they are not. This conduct falls squarely within the prohibition of Rule 1.01 of Canon 1 of the Code of Professional Responsibility, which states: “A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.” The Court held that such misconduct violates Canon 7 of the Code, which directs lawyers to uphold the integrity and dignity of the legal profession.

Considering the gravity of the offense, the Supreme Court increased the penalty recommended by the IBP. The Court permanently barred Atty. Simpliciano from being commissioned as a notary public and suspended him from the practice of law for two years. This decision serves as a stern warning to lawyers about the importance of maintaining a valid notarial commission and adhering to the ethical standards of the legal profession.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Simpliciano should be penalized for notarizing documents without a valid notarial commission.
What is the significance of a notarial commission?	A notarial commission grants a lawyer the authority to perform notarial acts, such as administering oaths and authenticating documents, making them admissible in court without further proof.
What are the consequences of notarizing documents without a valid commission?	Notarizing documents without a valid commission constitutes misconduct and violates the Notarial Law and the Code of Professional Responsibility, potentially leading to suspension or disbarment.
What ethical rules did Atty. Simpliciano violate?	Atty. Simpliciano violated Canon 1, Rule 1.01, which prohibits unlawful, dishonest, immoral, or deceitful conduct, and Canon 7, which requires lawyers to uphold the integrity and dignity of the legal profession.
How did the Supreme Court rule in this case?	The Supreme Court permanently barred Atty. Simpliciano from being commissioned as a notary public and suspended him from the practice of law for two years.
What factors did the Court consider in determining the penalty?	The Court considered the number of unauthorized notarizations, the lawyer’s failure to respond to the allegations, and the need to protect the public and maintain the integrity of the legal profession.
Why is notarization considered a matter of public interest?	Notarization is invested with public interest because it converts private documents into public documents, which are entitled to full faith and credit and are admissible as evidence without further proof of authenticity.
Can a lawyer be disbarred for notarizing documents without a commission?	Yes, depending on the circumstances, a lawyer can be disbarred for notarizing documents without a commission, especially if there are multiple instances or aggravating factors involved.

The Supreme Court’s decision in this case serves as a crucial reminder to all lawyers who are also notaries public to ensure that their commissions are valid and up-to-date. By strictly enforcing the rules on notarization, the Court aims to protect the public from potential fraud and misrepresentation, and to maintain the integrity and trustworthiness of the legal profession.

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: Melanio L. Zoreta v. Atty. Heherson Alnor G. Simpliciano, A.C. No. 6492, November 18, 2004