The Supreme Court’s decision in Anudon v. Cefra underscores the critical importance of a notary public’s duty to ensure the personal appearance of all parties involved in a notarized document. By notarizing a Deed of Absolute Sale without the presence of all vendors, Atty. Arturo B. Cefra violated both the Notarial Law and the Code of Professional Responsibility. The Court emphasized that notarization is not a mere formality, but a crucial act that lends authenticity and reliability to legal documents, and that requires the notary public to verify the genuineness of signatures and ensure the voluntary execution of the document.

The Absent Affiants: When a Notary’s Duty is Breached

This case revolves around a Deed of Absolute Sale that was notarized by Atty. Arturo B. Cefra. Jimmy and Juanita Anudon, co-owners of the land in question, alleged that their signatures on the deed were forged and that they never appeared before Atty. Cefra to sign the document. Further complicating matters, they contended that some of their co-owners were abroad or in a different province on the day the deed was supposedly executed, making their presence impossible. The National Bureau of Investigation (NBI) confirmed the forgery of Jimmy and Juanita’s signatures, casting serious doubt on the validity of the notarization.

Atty. Cefra defended his actions by claiming that he acted in good faith, believing that the complainants were aware of and consented to the sale. He stated that representatives of the buyer had brought the deed to the vendors for signing and later informed him that they had witnessed the signing. However, the Supreme Court found this explanation unacceptable, emphasizing that a notary public cannot simply rely on the representations of others but must personally verify the identities and voluntary participation of all signatories. The notary’s role is to ensure that the parties executing the document are indeed the persons they claim to be and that they freely and voluntarily sign the document.

The legal framework underpinning this decision rests on the Notarial Law, specifically Act No. 2103 and the 2004 Rules on Notarial Practice. These laws and rules explicitly require the personal appearance of the affiants before the notary public. Rule II, Section 1 of the 2004 Rules on Notarial Practice states:

SECTION 1. Acknowledgment.—“Acknowledgment” refers to an act in which an individual on a single occasion:

(a) appears in person before the notary public and presents and integrally complete instrument or document;

(b) is attested to be personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and

(c) represents to the notary public that the signature on the instrument or document was voluntarily affixed by him for the purposes stated in the instrument or document, declares that he has executed the instrument or document as his free and voluntary act and deed, and, if he acts in a particular representative capacity, that he has the authority to sign in that capacity.

The Supreme Court has consistently emphasized the importance of this requirement. In Gamido v. New Bilibid Prisons Officials, the Court stated, “[i]t is obvious that the party acknowledging must . . . appear before the notary public[.]”

Building on this principle, the Court further explained the rationale behind the requirement of personal appearance in Spouses Domingo v. Reed:

[A] document should not be notarized unless the persons who are executing it are the very same ones who are personally appearing before the notary public. The affiants should be present to attest to the truth of the contents of the document and to enable the notary to verify the genuineness of their signature. Notaries public are enjoined from notarizing a fictitious or spurious document. In fact, it is their duty to demand that the document presented to them for notarization be signed in their presence. Their function is, among others, to guard against illegal deeds.

This requirement ensures that the document reflects the true intentions of the parties and safeguards against fraud, coercion, and other irregularities. By failing to ensure the personal appearance of all vendors, Atty. Cefra not only violated the Notarial Law but also undermined the integrity of the notarization process and facilitated the potential for forgery and misrepresentation.

Moreover, the Supreme Court highlighted Atty. Cefra’s violation of Canon 1 of the Code of Professional Responsibility, which mandates that “[a] lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law and legal processes.” His repeated failure to comply with the Court’s orders to comment on the administrative complaint demonstrated a lack of respect for the legal system and a willful disregard for his duties as an officer of the court. The Court deemed this contumacious behavior deserving of severe disciplinary action.

Atty. Cefra’s actions also violated Canon 11 of the Code of Professional Responsibility, which requires a lawyer to “observe and maintain the respect due to the courts[.]” His willful disobedience of the Court’s directive, without any reasonable explanation, warranted a penalty. The Supreme Court emphasized that such behavior not only reflects poorly on the individual lawyer but also undermines the public’s confidence in the legal profession and the administration of justice.

In light of these violations, the Supreme Court imposed a penalty of suspension from the practice of law for two years, revocation of his incumbent notarial commission (if any), and perpetual disqualification from being commissioned as a notary public. The Court also issued a stern warning that any further breach of the Canons in the Code of Professional Responsibility would result in more severe penalties. This decision serves as a clear message to all notaries public that they must take their duties seriously and adhere strictly to the requirements of the Notarial Law and the Code of Professional Responsibility.

The penalties were determined by considering similar cases. The Supreme Court considered cases such as Isenhardt v. Atty. Real, Linco v. Atty. Lacebal, Lanuzo v. Atty. Bongon, and Bautista v. Atty. Bernabe, where notaries were found guilty of notarizing documents without the presence of the parties and were penalized with disqualification as notaries and suspension from the practice of law. The court also considered the case of De Jesus v. Atty. Sanchez-Malit, where the respondent-lawyer was suspended from the practice of law and perpetually disqualified from being a notary public for notarizing documents without the signatures of the parties.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Cefra violated the Notarial Law and the Code of Professional Responsibility by notarizing a Deed of Absolute Sale without ensuring the personal appearance of all the vendors.
What did the NBI investigation reveal?	The NBI investigation confirmed that the signatures of Jimmy and Juanita Anudon on the Deed of Absolute Sale were forged.
What did Atty. Cefra claim in his defense?	Atty. Cefra claimed he acted in good faith, believing the vendors consented to the sale, and relied on the buyer’s representatives who said the vendors had signed the document.
What does the Notarial Law say about personal appearance?	The Notarial Law and the 2004 Rules on Notarial Practice explicitly require the personal appearance of all affiants before the notary public to ensure proper identification and voluntary execution of the document.
What Canon of the Code of Professional Responsibility did Atty. Cefra violate?	Atty. Cefra violated Canon 1, which requires lawyers to uphold the Constitution and obey the laws, and Canon 11, which requires lawyers to respect the courts.
What penalties were imposed on Atty. Cefra?	Atty. Cefra was suspended from the practice of law for two years, his notarial commission was revoked, and he was perpetually disqualified from being commissioned as a notary public.
Why is personal appearance important in notarization?	Personal appearance ensures that the document reflects the true intentions of the parties, safeguards against fraud and coercion, and allows the notary to verify the identity and voluntary participation of the signatories.
What message does this decision send to notaries public?	This decision emphasizes that notaries public must take their duties seriously, adhere strictly to the requirements of the Notarial Law and the Code of Professional Responsibility, and personally verify the identities and voluntary participation of all signatories.

The Supreme Court’s ruling in Anudon v. Cefra serves as a stark reminder of the responsibilities entrusted to notaries public. By strictly enforcing the requirement of personal appearance and imposing severe penalties for non-compliance, the Court has reaffirmed the importance of integrity and diligence in the notarization process.

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: JIMMY ANUDON AND JUANITA ANUDON, COMPLAINANTS, VS. ATTY. ARTURO B. CEFRA, RESPONDENT., A.C. No. 5482, February 10, 2015