In Licerio Dizon v. Atty. Marcelino Cabucana, Jr., the Supreme Court addressed the ethical responsibilities of attorneys acting as notaries public. The Court found Atty. Cabucana guilty of violating the Code of Professional Responsibility for notarizing a document without ensuring the personal presence of all signatories. This ruling underscores the critical importance of verifying the identity and voluntary participation of all parties in a notarized document, reinforcing the integrity of the notarial process and the legal profession.

Breach of Trust: When a Notary Public Fails His Duty

The case arose from a complaint filed by Licerio Dizon against Atty. Marcelino Cabucana, Jr., accusing the latter of falsifying a public document. Dizon, a prospective buyer of land owned by the heirs of Florentino Callangan, alleged that Atty. Cabucana notarized a compromise agreement in a civil case involving the Callangan heirs, despite the signatories not being personally present before him. This prompted Dizon to file a disbarment case against Atty. Cabucana before the Integrated Bar of the Philippines (IBP), claiming violations of the Notarial Law and the Code of Professional Responsibility. In response, Atty. Cabucana dismissed the allegations as harassment, asserting that Dizon, as a mere “would-be” buyer, lacked the standing to file the complaint.

The IBP’s Investigating Commissioner initially found Atty. Cabucana in violation of Rule 1.01, Canon 1 of the Code of Professional Responsibility, recommending suspension as a Notary Public for two years and from the practice of law for six months. The IBP Board of Governors adopted the report, modifying the suspension to six months for violating his obligation as a Notary Public. Upon reconsideration, the IBP further modified its decision, suspending Atty. Cabucana from the practice of law for one month and disqualifying him from reappointment as notary public for one year. Dissatisfied, the case reached the Supreme Court for final resolution.

The Supreme Court, in its analysis, emphasized the significance of the Notarial Law, specifically Section 1 of Public Act No. 2103, which states:

The acknowledgment shall be before a notary public or an officer duly authorized by law of the country to take acknowledgments of instruments or documents in the place where the act is done.  The notary public or the officer taking the acknowledgment shall certify that the person acknowledging the instrument or document is known to him and that he is the same person who executed it, acknowledged that the same is his free act and deed.  The certificate shall be made under the official seal, if he is required by law to keep a seal, and if not, his certificate shall so state.

Building on this, the Court cited Section 2 (b) of Rule IV of the Rules on Notarial Practice of 2004, highlighting the requirement for personal appearance during notarization:

A person shall not perform a notarial act if the person involved as signatory to the instrument or document –

(1) is not in the notary’s presence personally at the time of the notarization; and

(2) is not personally known to the notary public or otherwise identified by the notary public through competent evidence of identity as defined by these Rules.

These provisions underscore the essence of a notary public’s role: to ensure the identity of the signatories and the voluntariness of their actions. This responsibility is crucial for maintaining the integrity of legal documents and preventing fraud. The Court stressed that Atty. Cabucana’s failure to adhere to these requirements constituted a breach of his professional obligations. When an attorney acts as a notary, they must ensure the person signing a document is the same person executing it and is personally appearing before them to attest to the truth of its contents. This verification process safeguards the genuineness of the signature and confirms that the document reflects the party’s free and voluntary act.

The Supreme Court ultimately found Atty. Marcelino Cabucana, Jr. guilty of violating Rule 1.01, Canon 1 of the Code of Professional Responsibility. As a consequence, the Court imposed a suspension from the practice of law for three months, revoked his incumbent notarial commission, and prohibited him from being commissioned as a notary public for two years, effective immediately. The Court also issued a stern warning, indicating that any future repetition of similar offenses would be dealt with more severely.

FAQs

What was the central issue in this case?	The central issue was whether Atty. Cabucana violated the Code of Professional Responsibility by notarizing a document without the personal presence of all signatories. This raised questions about the ethical duties of notaries public.
What is Rule 1.01, Canon 1 of the Code of Professional Responsibility?	Rule 1.01, Canon 1 of the Code of Professional Responsibility mandates that lawyers shall not engage in unlawful, dishonest, immoral, or deceitful conduct. This rule aims to maintain the integrity and high ethical standards of the legal profession.
What are the key duties of a notary public?	A notary public must verify the identity of the signatories, ensure their personal appearance, and confirm that they are signing the document voluntarily. These duties ensure the integrity and authenticity of notarized documents.
What is the significance of personal appearance in notarization?	Personal appearance is essential for a notary public to verify the identity of the signatory and to ensure that the document is being signed voluntarily and without coercion. It is a safeguard against fraud and misrepresentation.
What was the Supreme Court’s ruling in this case?	The Supreme Court found Atty. Cabucana guilty of violating Rule 1.01, Canon 1 of the Code of Professional Responsibility. He was suspended from the practice of law for three months, his notarial commission was revoked, and he was prohibited from being commissioned as a notary public for two years.
What is the potential impact of this ruling on notarial practices?	This ruling reinforces the importance of strict compliance with notarial laws and ethical standards. It serves as a reminder to notaries public to diligently perform their duties to maintain the integrity of notarized documents.
Who filed the complaint against Atty. Cabucana?	The complaint against Atty. Cabucana was filed by Licerio Dizon, a prospective buyer of land involved in the civil case where the questioned compromise agreement was notarized. Dizon alleged that the improper notarization caused him damage.
What was Atty. Cabucana’s defense?	Atty. Cabucana argued that the complaint was intended to harass him and that Dizon, as a mere “would-be” buyer, lacked the standing to file the complaint. He claimed that Dizon did not suffer any damages due to the notarization.

This case serves as a critical reminder to all attorneys of their ethical obligations, particularly when acting as notaries public. The Supreme Court’s decision underscores the importance of upholding the integrity of the legal profession and ensuring strict compliance with notarial laws.

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: LICERIO DIZON VS. ATTY. MARCELINO CABUCANA, JR., A.C. No. 10185, March 12, 2014