The Supreme Court held that Atty. Edmundo J. Apuhin violated the 2004 Rules on Notarial Practice by falsely notarizing a Joint Waiver of Rights, Interests, and Ownership. The Court emphasized that notaries public must ensure individuals signing documents personally appear before them and are properly identified. This decision reinforces the importance of due diligence and honesty in notarial practice to maintain the integrity of legal documents and protect the public from fraud.

When a Notary’s Negligence Undermines Property Rights: The Case of Rolando Uy

Rolando N. Uy filed a complaint against Atty. Edmundo J. Apuhin for false notarization of a Joint Waiver of Rights, Interests, and Ownership (Joint Waiver) concerning Uy’s property in Carmen, North Cotabato. Uy, an Overseas Filipino Worker (OFW) in Taiwan, discovered that the Joint Waiver, ostensibly executed by him and his wife on July 2, 2006, transferred their property to their son, Rick Rosner Uy. Critically, Uy and his wife were both in Taiwan on the date of the document’s alleged execution, as certified by the Bureau of Immigration. This discrepancy formed the basis of Uy’s complaint, alleging that Atty. Apuhin violated the 2004 Rules on Notarial Practice and the Lawyer’s Oath.

In his defense, Atty. Apuhin claimed that as a notary public, he was not obligated to inquire into the whereabouts of his clients. He stated that he merely believed the parties’ representation that they were family members when the Joint Waiver was presented for notarization. Atty. Apuhin further argued that he could not remember the faces of all his clients and that the Joint Waiver was ultimately harmless because it was only used to obtain a building permit and did not transfer ownership of the property. These arguments, however, did not sway the Integrated Bar of the Philippines (IBP) or the Supreme Court.

The IBP-CBD found Atty. Apuhin in violation of Section 2(b)(1) & (2), Rule IV of the 2004 Rules on Notarial Practice, which stipulates that a notary public shall not perform a notarial act if the signatory is not personally present at the time of notarization or is not personally known to the notary public or identified through competent evidence of identity. The IBP-CBD emphasized that a notary public must verify the signature and ascertain that the document is the party’s act or deed. The IBP Board of Governors adopted and approved the IBP-CBD’s recommendation with modifications, revoking Atty. Apuhin’s notarial commission, disqualifying him from being commissioned as a Notary Public for two years, and suspending him from the practice of law for six months.

The Supreme Court affirmed the IBP’s findings, underscoring the substantive public interest vested in the notarization of documents. The Court reiterated that courts, administrative agencies, and the public must be able to rely on the acknowledgment executed by a notary public. The Court cited Section 1, Rule II of the 2004 Rules on Notarial Practice, which requires that an individual must appear in person before the notary public, present a complete instrument, and represent that the signature was voluntarily affixed for the stated purposes. Moreover, Section 2(b), Rule IV explicitly states that a notary public shall not perform a notarial act if the signatory is not personally present at the time of notarization.

In its analysis, the Court highlighted Atty. Apuhin’s lack of due diligence, evidenced by his own statements in his Counter-Affidavit. Atty. Apuhin argued that it was beyond his obligation to investigate his clients’ identities and that he relied solely on representations made to him in his office. This reliance, the Court found, contravened Sections 12(1) and (2), Rule II of the 2004 Rules on Notarial Practice, which require competent evidence of identity, such as a current identification document with a photograph and signature or the oath or affirmation of credible witnesses.

The Supreme Court emphasized that the role of a notary public is not merely ministerial but involves ensuring the authenticity and regularity of legal documents. The court underscored the importance of notaries public adhering to the rules and regulations governing their practice to prevent fraud and protect the integrity of legal transactions. The failure to comply with these rules can result in severe penalties, including the revocation of the notarial commission and suspension from the practice of law. This ruling serves as a crucial reminder for notaries public to exercise utmost care and diligence in performing their duties.

The practical implications of this decision are significant. It reinforces the need for notaries public to meticulously follow the 2004 Rules on Notarial Practice to ensure the validity and authenticity of documents. This includes verifying the identity of signatories, ensuring their personal presence during notarization, and maintaining accurate records of notarial acts. By upholding these standards, the legal system protects individuals from potential fraud and misrepresentation, thus preserving the integrity of legal processes and transactions.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Apuhin violated the 2004 Rules on Notarial Practice by falsely notarizing a Joint Waiver when the signatories were not present.
What is the 2004 Rules on Notarial Practice?	The 2004 Rules on Notarial Practice governs the conduct of notaries public, outlining their duties and responsibilities in notarizing documents.
What is required for a valid notarization?	A valid notarization requires the signatory to be personally present before the notary public and properly identified through competent evidence.
What evidence is considered competent for identification?	Competent evidence includes a current identification document issued by an official agency with a photograph and signature.
What was Atty. Apuhin’s defense?	Atty. Apuhin claimed he was not obligated to investigate his clients’ whereabouts and relied on their representation that they were family members.
What penalties did Atty. Apuhin face?	Atty. Apuhin’s notarial commission was revoked, he was disqualified from being a notary public for two years, and he was suspended from law practice for six months.
Why is notarization important?	Notarization is important because it ensures the authenticity and regularity of legal documents, protecting the public from fraud.
Can a notary public rely solely on the representations of the parties?	No, a notary public cannot rely solely on the representations of the parties but must require competent evidence of identity.
What is the role of the IBP in this case?	The IBP investigated the complaint against Atty. Apuhin and made recommendations to the Supreme Court regarding the appropriate disciplinary action.

This case underscores the critical role of notaries public in upholding the integrity of legal documents. The Supreme Court’s decision serves as a stern warning to notaries public to adhere strictly to the 2004 Rules on Notarial Practice. By doing so, they can prevent fraud and protect the public interest. The ruling emphasizes the importance of due diligence and personal presence during notarization, ensuring the validity and authenticity of legal transactions.

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: ROLANDO N. UY v. ATTY. EDMUNDO J. APUHIN, A.C. No. 11826, September 05, 2018