In Franco B. Gonzales v. Atty. Danilo B. Bañares, the Supreme Court addressed the serious issue of improper notarization, emphasizing the crucial role of notaries public in ensuring the authenticity and reliability of legal documents. The Court suspended Atty. Bañares from the practice of law for six months, revoked his notarial commission, and disqualified him from reappointment for two years after he notarized a Deed of Absolute Sale without ensuring the personal appearance of all parties involved. This decision underscores the high standard of care expected from notaries public and the significant consequences of failing to meet these obligations, reinforcing the integrity of legal documents and public trust in the notarial process.

The Absent Signatory: When a Notary’s Oversight Undermines a Deed

The case arose from a complaint filed by Franco B. Gonzales against Atty. Danilo B. Bañares. Gonzales alleged that Atty. Bañares notarized a Deed of Absolute Sale with irregularities. Specifically, Gonzales claimed that his father, Rodolfo Gonzales, was not present at the signing of the deed, despite his signature appearing on the document. Gonzales also pointed out that his own signature was forged as a witness. Atty. Bañares denied the allegations, stating that Rodolfo had pre-signed the document to signify his consent as the seller’s husband, not as a co-owner.

The Integrated Bar of the Philippines (IBP) initially recommended a one-year suspension of Atty. Bañares’ notarial commission. However, the IBP Board of Governors modified this, imposing a six-month suspension from legal practice, immediate revocation of his notarial commission, and a two-year disqualification from reappointment as a notary public. The Supreme Court affirmed the IBP’s findings and recommendations, emphasizing the importance of personal appearance and proper acknowledgment in notarization.

The Supreme Court highlighted the critical role of notarization in ensuring the integrity of legal documents. The Court emphasized that notarization transforms a private document into a public one, making it admissible in court without further proof of authenticity. This underscores the reliance that courts, administrative agencies, and the public place on notarial acts. As the Court noted, it is the notary public who “assures that the parties appearing in the document are indeed the same parties who executed it. This obviously cannot be achieved if the parties are not physically present before the notary public acknowledging the document since it is highly possible that the terms and conditions favorable to the vendors might not be included in the document submitted by the vendee for notarization. Worse, the possibility of forgery becomes real.” Anudon v. Atty. Cefra, 753 Phil. 421, 430 (2015).

Building on this principle, the Court stressed that notaries public must exercise their duties with accuracy, fidelity, carefulness, and faithfulness. They must ensure they are fully informed of the facts they certify and avoid participating in illegal transactions. The Court quoted, “Notarization is not an empty, meaningless, routinary act. Notarization is invested with substantive public interest, such that only those who are qualified or authorized may act as notaries public.” Almazan, Sr. v. Atty. Suerte-Felipe, 743 Phil. 131, 136-137 (2014). This statement reinforces the gravity of the responsibilities entrusted to notaries public and the need for strict adherence to notarial rules.

The Court found that Atty. Bañares failed to ensure that Rodolfo Gonzales was present during the execution of the Deed of Absolute Sale. This failure was compounded by Atty. Bañares’ admission that Rodolfo had merely pre-signed the document, which contradicted his certification in the Acknowledgment of the Deed. The Court emphasized that a notary public should not notarize a document unless the signatories are the same persons who executed and personally appeared before him to attest to the contents and truth of the document.

The 2004 Rules on Notarial Practice explicitly requires the personal appearance of the affiant before the notary public. Rule II, Section 1 of the Rules 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.

Furthermore, Rule IV, Section 2(b) prohibits a notary public from performing a notarial act if the signatory is not personally present at the time of notarization and is not personally known to the notary public or identified through competent evidence of identity.

A comparison of these rules highlights the importance of personal appearance and proper identification in the notarial process. Consider the following table:

Requirement	Description
Personal Appearance	The signatory must be physically present before the notary public.
Proper Identification	The notary public must personally know the signatory or identify them through competent evidence.
Voluntary Acknowledgment	The signatory must declare that the signature was voluntarily affixed and that they executed the document as their free and voluntary act.

The Supreme Court found that Atty. Bañares violated Rule 1.01 of Canon 1 of the Code of Professional Responsibility (CPR), which prohibits lawyers from engaging in unlawful, dishonest, immoral, or deceitful conduct. Canon 1 mandates that lawyers uphold the Constitution, obey the laws of the land, and promote respect for law and legal processes.

CANON 1 – A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES.

Rule 1.01 – A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

x x x x

The Court reiterated that membership in the legal profession is a privilege bestowed upon individuals who are not only learned in law but also possess good moral character. Lawyers are expected to act with honesty and integrity to maintain public faith in the legal profession.

In conclusion, the Court held Atty. Bañares administratively liable for notarizing the subject deed of sale without Rodolfo’s personal appearance. The Court rejected Atty. Bañares’ defense that he had a prior meeting with the parties and that Rodolfo had already given his conformity to the sale. The Court emphasized that Atty. Bañares should have ensured that all parties and witnesses were present at the time of signing the deed.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Danilo B. Bañares violated notarial rules by notarizing a Deed of Absolute Sale without ensuring the personal appearance of all parties involved, specifically Rodolfo Gonzales.
What did the IBP initially recommend?	The IBP initially recommended a one-year suspension of Atty. Bañares’ notarial commission for the violation.
How did the IBP Board of Governors modify the recommendation?	The IBP Board of Governors modified the recommendation to a six-month suspension from legal practice, immediate revocation of his notarial commission, and a two-year disqualification from reappointment as a notary public.
What is the significance of notarization?	Notarization transforms a private document into a public one, making it admissible in court without further proof of authenticity, thereby ensuring its reliability and integrity.
What does the 2004 Rules on Notarial Practice say about personal appearance?	The 2004 Rules on Notarial Practice require the personal appearance of the affiant before the notary public, ensuring the affiant’s identity and voluntary execution of the document.
Which provision of the Code of Professional Responsibility did Atty. Bañares violate?	Atty. Bañares 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.
What was the Court’s final ruling in this case?	The Court suspended Atty. Danilo B. Bañares from the practice of law for six months, revoked his notarial commission, and disqualified him from being commissioned as a notary public for two years.
Why is personal appearance important in notarization?	Personal appearance allows the notary to verify the genuineness of the signatory’s signature and to ascertain that the document is the party’s free act and deed, preventing fraud and ensuring the document’s authenticity.

This case serves as a reminder of the ethical and professional responsibilities of lawyers, particularly those acting as notaries public. Strict compliance with notarial rules is essential to maintain the integrity of legal documents and uphold public trust in the legal profession. The consequences for failing to adhere to these standards can be severe, including suspension from practice and revocation of notarial commission.

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: FRANCO B. GONZALES VS. ATTY. DANILO B. BAÑARES, A.C. No. 11396, June 20, 2018