In Re: Violation of Rules on Notarial Practice, the Supreme Court addressed the serious consequences for lawyers who perform notarial acts without proper commission or outside their authorized jurisdiction. The Court emphasized that notarization is a crucial function imbued with public interest, and any deviation from the established rules undermines the integrity of the legal profession. This ruling reinforces the importance of strict compliance with notarial rules and serves as a warning to attorneys who may be tempted to take shortcuts or disregard the legal requirements.

Abuse of Authority: When a Lawyer’s Seal Loses Its Weight

This case unfolds with complaints against multiple attorneys, revealing a pattern of notarial misconduct. Atty. Juan C. Siapno, Jr. faced allegations of notarizing documents without a valid commission and delegating his notarial authority to non-lawyers. Atty. Pedro L. Santos was accused of notarizing documents outside his authorized jurisdiction, while another attorney was reported for unauthorized notarial activities. These allegations prompted the Supreme Court to investigate and reaffirm the significance of adhering to notarial rules.

The heart of the matter lies in the critical role notaries public play in the Philippine legal system. The Supreme Court has consistently emphasized that notarization is not a mere formality but a solemn act that carries significant legal weight. As highlighted in the case:

Time and again, this Court has stressed that notarization is not an empty, meaningless and routine act. It is invested with substantive public interest that only those who are qualified or authorized may act as notaries public.

This statement underscores the responsibility entrusted to notaries public and the potential consequences of abusing that trust. When a lawyer notarizes a document, they are essentially vouching for its authenticity and regularity, transforming a private instrument into a public document admissible in court without further proof. The integrity of this process is paramount to the proper functioning of the legal system.

The Court meticulously examined the evidence against Atty. Siapno, including documents he notarized with an expired commission and outside the territory where he was authorized to practice. The evidence revealed that Atty. Siapno maintained a law office in Lingayen, Pangasinan, and notarized documents even after his commission had expired. This directly contravened Section 11, Rule III of the 2004 Rules on Notarial Practice, which states:

Jurisdiction and Term – A person commissioned as notary public may perform notarial acts in any place within the territorial jurisdiction of the commissioning court for a period of two (2) years commencing the first day of January of the year in which the commissioning is made, unless earlier revoked or the notary public has resigned under these Rules and the Rules of Court.

This rule clearly defines the scope of a notary public’s authority, limiting their practice to the territorial jurisdiction of the commissioning court and a fixed term. By exceeding these limitations, Atty. Siapno violated the Notarial Rules and his oath as a lawyer.

The Court’s decision underscores the ethical duties of lawyers, referencing Canons 1 and 7 of the Code of Professional Responsibility. Canon 1 mandates that lawyers shall not engage in unlawful, dishonest, immoral, or deceitful conduct, while Canon 7 directs them to uphold the integrity and dignity of the legal profession at all times. Atty. Siapno’s actions were deemed a clear breach of these ethical standards.

The Court’s decision also references several analogous cases:

Case	Violation	Penalty
Nunga v. Viray	Notarizing without a commission	Suspension for three years
Zoreta v. Simpliciano	Notarizing after expiration of commission	Suspension for two years and permanent disqualification from being commissioned as notary public
Laquindanum v. Quintana	Notarizing outside area of commission and with an expired commission	Suspension for six months and disqualification from being commissioned as notary public for two years

Given the gravity of Atty. Siapno’s misconduct, the Court imposed a more severe penalty than the recommended fine. He was suspended from the practice of law for two years and permanently barred from being commissioned as a notary public. This decision sends a strong message that the Court will not tolerate any deviation from the Notarial Rules and will impose appropriate sanctions to maintain the integrity of the notarial process.

FAQs

What was the key issue in this case?	The central issue was whether Atty. Juan C. Siapno, Jr. violated the Rules on Notarial Practice by notarizing documents without a valid commission and outside his authorized jurisdiction. The case also investigated similar allegations against other attorneys.
What are the consequences of notarizing documents without a valid commission?	Notarizing documents without a valid commission is a serious offense that can lead to disciplinary action, including suspension from the practice of law and permanent disqualification from being commissioned as a notary public. It undermines the integrity of the legal profession and the notarial process.
What is the territorial jurisdiction of a notary public?	A notary public’s territorial jurisdiction is limited to the area within the commissioning court’s authority. Notarizing documents outside this jurisdiction is a violation of the Rules on Notarial Practice.
What ethical duties do lawyers have regarding notarization?	Lawyers have an ethical duty to uphold the integrity of the legal profession and to comply with all applicable laws and rules, including the Rules on Notarial Practice. They must not engage in any conduct that would undermine the integrity of the notarial process.
What is the purpose of notarization?	Notarization converts a private document into a public document, making it admissible in evidence without further proof of authenticity. It serves to ensure the integrity and reliability of legal documents.
What is the role of the Executive Judge in cases of notarial violations?	The Executive Judge is responsible for conducting formal investigations into alleged violations of the Rules on Notarial Practice and submitting a report and recommendation to the Supreme Court.
What Canons of the Code of Professional Responsibility are relevant to notarial practice?	Canons 1 and 7 of the Code of Professional Responsibility are particularly relevant. Canon 1 prohibits lawyers from engaging in unlawful, dishonest, immoral, or deceitful conduct, and Canon 7 directs them to uphold the integrity and dignity of the legal profession.
What was the penalty imposed on Atty. Siapno in this case?	Atty. Siapno was suspended from the practice of law for two years and permanently barred from being commissioned as a notary public.

The Supreme Court’s decision in Re: Violation of Rules on Notarial Practice serves as a crucial reminder of the importance of adhering to the Rules on Notarial Practice and the ethical obligations of lawyers. The decision reinforces the Court’s commitment to maintaining the integrity of the notarial process and ensuring that only qualified individuals perform notarial acts.

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: RE: VIOLATION OF RULES ON NOTARIAL PRACTICE, A.M. No. 09-6-1-SC, January 21, 2015