The Supreme Court held that a notary public must ensure the personal presence and identity of the signatory to a document and verify the document’s voluntariness. Atty. Lope M. Velasco was found guilty of violating the 2004 Rules on Notarial Practice and the Code of Professional Responsibility for notarizing a document without properly identifying the signatory, Imelda Cato Gaddi, or ensuring the voluntariness of her admission. This decision underscores the importance of notarial duties in safeguarding the integrity of public documents and protecting individuals from potential coercion.

The Case of the Dubious Document: When a Notary’s Negligence Undermines Legal Integrity

This case revolves around Imelda Cato Gaddi’s complaint against Atty. Lope M. Velasco for allegedly violating the 2004 Rules on Notarial Practice. Gaddi claimed that Velasco notarized her handwritten admission without her personal appearance, consent, or proper identification. The central legal question is whether Velasco breached his duties as a notary public, thereby compromising the integrity of the notarized document and potentially prejudicing Gaddi’s rights.

The facts of the case reveal a dispute within the Bert Lozada Swimming School (BLSS). Gaddi, an Operations and Accounting Manager, initiated a branch in Solano, Nueva Vizcaya, believing she had authorization. However, Angelo Lozada, the Chief Operations Officer, denied this authorization, leading to the apprehension of swimming instructors. While at the BLSS main office, Gaddi was allegedly coerced into writing an admission that the Solano branch was unauthorized. This handwritten admission was later notarized by Velasco and used against Gaddi in a complaint filed by Angelo.

Gaddi contested the notarization, asserting she never personally appeared before Velasco, consented to the notarization, or provided any competent evidence of identity. In response, Velasco claimed Gaddi appeared before him in Makati City, presented her BLSS ID and Tax Identification Number (TIN) ID, and requested the notarization of the document. He insisted he complied with the 2004 Rules on Notarial Practice and duly recorded the notarization in his notarial register.

The Integrated Bar of the Philippines (IBP) investigated the matter and found merit in Gaddi’s complaint. The Investigating Commissioner noted the improbability of Gaddi traveling to Makati City to notarize a self-incriminating document before heading to Nueva Vizcaya. The IBP also questioned the validity of the identification cards presented by Velasco, especially since the notarial certificate lacked the necessary details. Consequently, the IBP recommended a fine for Velasco, along with the revocation of his notarial commission and disqualification from being commissioned as a notary public for two years.

The Supreme Court affirmed the IBP’s findings, emphasizing the critical role of notaries public in the legal system. The Court reiterated that notarization is not a mere formality but a solemn act that transforms a private document into a public one, making it admissible in evidence without further proof of authenticity. The Court emphasized the importance of notaries public adhering to the basic requirements in performing their duties.

“Time and again, we have reminded lawyers commissioned as notaries public that notarization is not an empty, meaningless, and routinary act. Notarization converts a private document to a public document, making it admissible in evidence without further proof of its authenticity.”

The 2004 Rules on Notarial Practice clearly outline the duties of a notary public. Rule IV, Section 2(b) requires that the signatory to the document be personally present at the time of notarization and either personally known to the notary or identified through competent evidence of identity. Rule VI, Section 3(a) mandates that the signatory sign or affix a thumb or mark in the notary public’s notarial register at the time of notarization.

The Supreme Court found that Velasco failed to comply with these essential requirements. The notarial certificate itself indicated that spaces for the Community Tax Certificate (CTC) number and place of issuance were left blank, undermining Velasco’s claim that he properly ascertained Gaddi’s identity. This failure to ensure Gaddi’s presence made it impossible for Velasco to determine whether the handwritten admission was executed voluntarily.

The Court also noted that Velasco did not present his notarial register to refute Gaddi’s allegations. This failure to present crucial evidence led the Court to presume that the suppressed evidence would be adverse if produced, as provided under Rule 131, Section 3(e) of the Rules of Court. The Court then cited the case of Isenhardt v. Real, where a notary public was penalized for failing to discharge his duties, emphasizing the serious consequences of neglecting notarial responsibilities.

In Isenhardt v. Real, the notary public’s commission was revoked, and he was disqualified from being commissioned as a notary public for two years and suspended from the practice of law for one year. Similarly, in this case, the Supreme Court found that Velasco’s actions constituted a breach of Canon 1 and Rule 1.01 of the Code of Professional Responsibility. Canon 1 states that “[a] lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law and legal processes,” while Rule 1.01 provides that “[a] lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.”

Given these violations, the Supreme Court imposed a penalty commensurate with the gravity of Velasco’s misconduct. The Court not only disqualified him from being commissioned as a notary public for two years but also suspended him from the practice of law for one year. This decision serves as a stern reminder to all notaries public of their crucial role in upholding the integrity of legal documents and the importance of adhering strictly to the requirements of the 2004 Rules on Notarial Practice.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Lope M. Velasco violated the 2004 Rules on Notarial Practice by notarizing a document without ensuring the signatory’s personal presence, identity, and the voluntariness of their act.
What are the basic duties of a notary public?	A notary public must ensure the signatory’s personal presence, verify their identity through competent evidence, and ascertain that the document is the signatory’s free act and deed. They must also maintain a notarial register and properly record all notarial acts.
What happens if a notary public fails to fulfill these duties?	Failure to fulfill these duties can result in administrative sanctions, including revocation of the notarial commission, disqualification from being a notary public, suspension from the practice of law, and potential criminal charges.
What is the significance of notarization?	Notarization converts a private document into a public document, making it admissible in court without further proof of authenticity, and lending it a degree of credibility and legal force.
What evidence did the Court consider in this case?	The Court considered the notarial certificate, which lacked details of the signatory’s identification, as well as the respondent’s failure to present the notarial register to support his claims. The court also weighed the credibility of the complainant’s testimony.
What is the role of the Integrated Bar of the Philippines (IBP) in this case?	The IBP investigated the complaint against Atty. Velasco and submitted a report and recommendation to the Supreme Court, which the Court largely adopted in its final decision.
What is the Code of Professional Responsibility?	The Code of Professional Responsibility is a set of ethical guidelines for lawyers in the Philippines, outlining their duties to the court, their clients, and the public.
What specific violations of the Code of Professional Responsibility were found in this case?	The Court found that Atty. Velasco violated Canon 1 (upholding the law) and Rule 1.01 (avoiding dishonest conduct) of the Code of Professional Responsibility.

This case serves as a critical reminder of the responsibilities and duties of notaries public in the Philippines. Ensuring compliance with notarial rules protects the integrity of legal documents and the rights of individuals involved. Failure to adhere to these standards can result in severe penalties, impacting both the notary’s professional standing and the public’s trust in the legal system.

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: IMELDA CATO GADDI vs. ATTY. LOPE M. VELASCO, A.C. No. 8637, September 15, 2014