The Supreme Court held in Arturo L. Sicat v. Atty. Gregorio E. Ariola, Jr. that a lawyer who notarizes a document after the death of the person who purportedly executed it is guilty of gross misconduct and shall be disbarred. This ruling underscores the grave responsibility of lawyers as officers of the court to uphold the truth and the integrity of the legal profession. It serves as a stark warning against acts of dishonesty and deceit, particularly in the performance of notarial duties.

Deceptive Notarization: Can a Lawyer Certify a Dead Man’s Signature?

Arturo L. Sicat, a Board Member of the Sangguniang Panglalawigan of Rizal, filed a complaint against Atty. Gregorio E. Ariola, Jr., the Municipal Administrator of Cainta, Rizal. Sicat accused Ariola of violating the Code of Professional Responsibility by committing fraud, deceit, and falsehood. The core of the complaint centered on Ariola’s notarization of a Special Power of Attorney (SPA) purportedly executed by Juanito C. Benitez, who had already passed away months before the notarization.

The controversy stemmed from a contract between the Municipality of Cainta and J.C. Benitez Architect and Technical Management, represented by Benitez, for a housing project. Following Benitez’s death, a check was issued to his firm and/or Cesar Goco, who encashed it using the SPA notarized by Ariola. Sicat alleged that Ariola’s act constituted falsification under Article 171 of the Revised Penal Code, as he made it appear that Benitez participated in the SPA’s execution when he was already deceased. Ariola defended his actions by claiming the SPA was signed before Benitez’s death but notarized later due to inadvertence, and that another valid SPA existed. He also argued the matter was previously dismissed by other government bodies.

The Integrated Bar of the Philippines (IBP) investigated the matter and found Ariola’s actions to be a part of a scheme to defraud the Municipality of Cainta. The IBP recommended the revocation of his notarial commission and a one-year suspension from the practice of law. The Supreme Court, after reviewing the evidence, found Ariola guilty of gross misconduct and imposed the penalty of disbarment, emphasizing the gravity of his offense. The Court stated:

x x x it is evident that respondent notarized the Special Power of Attorney dated 4 January 2001 purportedly executed by Juanito C. Benitez long after Mr. Benitez was dead. It is also evident that respondent cannot feign innocence and claim that he did not know Mr. Benitez was already dead at the time because respondent, as member of the Prequalification and Awards Committee of the Municipality of Cainta, personally knew Mr. Benitez because the latter appeared before the Committee a number of times. It is evident that the Special Power of Attorney dated 4 January 2001 was part of a scheme of individuals to defraud the Municipality of Cainta of money which was allegedly due them, and that respondent by notarizing said Special Power of Attorney helped said parties succeed in their plans.

The Supreme Court highlighted that Ariola violated Rule 1.01 of Canon 1 of the Code of Professional Responsibility, which prohibits lawyers from engaging in unlawful, dishonest, immoral, or deceitful conduct. As an officer of the court, Ariola had a duty to serve the ends of justice, not to corrupt it. His actions not only injured himself and the public but also brought reproach upon the legal profession. The Court referenced the case of Zaballero v. Atty. Mario J. Montalvan, where a lawyer was similarly found guilty for notarizing documents purportedly executed by a deceased person.

The Court reiterated the importance of a notary public’s role, stating that lawyers commissioned as notaries public must ensure that the persons signing documents are the same persons who executed them and personally appeared before them to attest to the truth of the contents. The Court added that notaries public must observe utmost fidelity, as the public’s confidence in the integrity of notarized deeds and documents depends on it. Notarization is not a mere formality; it transforms a private document into a public instrument, making it admissible in evidence without preliminary proof of its authenticity and due execution.

Ariola’s defense that the SPA was superfluous and prejudiced no one did not exonerate him. The Court emphasized that his assertion of falsehood in a public document contravened the tenets of the legal profession and cast doubt on the truthfulness of every notarial act. As Municipal Administrator, Ariola should have been aware of his responsibility as a notary public and a public officer. A public office is a public trust, and his actions caused disservice to his constituents and the Municipality of Cainta.

The Supreme Court also highlighted the findings of the COA Special Task Force, which revealed falsification of public documents in the transactions between the Municipality of Cainta and J.C. Benitez & Architects Technical Management. These acts included misrepresentation, fabrication of fictitious documents, untruthful narration of facts, and counterfeiting signatures to create a fraudulent contract, resulting in undue injury to the government. The first partial payment of P3,700,000.00 was made without the required outputs.

FAQs

What was the key issue in this case?	The key issue was whether a lawyer should be disciplined for notarizing a Special Power of Attorney (SPA) after the death of the person who purportedly executed it.
What did the Supreme Court decide?	The Supreme Court found the lawyer guilty of gross misconduct and ordered his disbarment from the practice of law.
What ethical rule did the lawyer violate?	The lawyer violated Rule 1.01 of Canon 1 of the Code of Professional Responsibility, which prohibits lawyers from engaging in unlawful, dishonest, immoral, or deceitful conduct.
Why is notarization so important?	Notarization converts a private document into a public instrument, making it admissible in evidence without preliminary proof of its authenticity and due execution.
What was the lawyer’s defense?	The lawyer argued that the SPA was signed before the person’s death, notarized later due to inadvertence, and that another valid SPA existed. He also claimed the matter was previously dismissed by other government bodies.
Did the lawyer’s defense succeed?	No, the Supreme Court rejected the lawyer’s defense, emphasizing that his actions contravened the tenets of the legal profession and cast doubt on the truthfulness of every notarial act.
What is the duty of a notary public?	A notary public must ensure that the persons signing documents are the same persons who executed them and personally appeared before them to attest to the truth of the contents.
What was the impact of the fraudulent SPA in this case?	Without the fraudulent SPA, the erring parties in the construction project could not have encashed the check amounting to P3,700,000, resulting in undue prejudice to the Municipality.

This case reaffirms the high standards of conduct expected of lawyers, particularly in their role as notaries public. The Supreme Court’s decision serves as a reminder that any act of dishonesty or deceit, especially those that undermine the integrity of public documents, will be met with severe disciplinary action, including disbarment.

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: ARTURO L. SICAT, COMPLAINANT, VS. ATTY. GREGORIO E. ARIOLA, JR., RESPONDENT., A.C. NO. 5864, April 15, 2005