In Venson R. Ang v. Atty. Salvador B. Belaro, Jr., the Supreme Court addressed the responsibilities of a notary public concerning the security of their notarial seal and the implications of negligence in performing notarial duties. The Court found Atty. Belaro guilty of violating the 2004 Rules on Notarial Practice and the Code of Professional Responsibility (CPR) due to his failure to secure his notarial seal properly and for negligence in his reportorial duties. This ruling emphasizes that a notary public must exercise utmost diligence in safeguarding their notarial seal and fulfilling their duties, as the integrity of notarized documents is crucial for public trust and legal certainty. The decision underscores the severe consequences of failing to uphold these standards, including suspension from legal practice and revocation of notarial commission.

The Case of the Unsecured Seal: When a Notary’s Negligence Leads to Disciplinary Action

The case arose from a complaint filed by Venson R. Ang against Atty. Salvador B. Belaro, Jr., alleging violations of the 2004 Rules on Notarial Practice and the CPR. The central issue revolved around an Extrajudicial Settlement of Estate with Waiver of Rights (Extrajudicial Settlement) and other documents purportedly notarized by Atty. Belaro, which contained irregularities and suspected forgeries. Venson contended that Atty. Belaro’s negligence in securing his notarial seal and properly performing his duties as a notary public led to the falsification of these documents, causing potential legal and financial harm to Venson and his siblings. This situation prompted the Supreme Court to examine the extent of a notary public’s responsibility in safeguarding their seal and ensuring the integrity of notarized documents.

The factual backdrop involved a parcel of land owned by the late Peregrina Dela Rosa. Following her death, an Extrajudicial Settlement surfaced, allegedly executed by her heirs and notarized by Atty. Belaro. However, inconsistencies and suspected forgeries raised concerns about the document’s authenticity. Furthermore, a Deed of Absolute Sale and an Acknowledgement Receipt, also purportedly notarized by Atty. Belaro, added to the suspicion of misconduct. An investigation by the Integrated Bar of the Philippines (IBP) revealed discrepancies in Atty. Belaro’s signatures and the misuse of his notarial seal.

The IBP found that while the signatures on the Extrajudicial Settlement appeared to be forged, the document bore Atty. Belaro’s notarial seal. The IBP also noted inconsistencies in the entries made in Atty. Belaro’s Notarial Registry Book concerning the Deed of Absolute Sale and the Acknowledgement Receipt. These findings led the IBP to recommend sanctions against Atty. Belaro for negligence in the performance of his duties as a notary public. Despite Atty. Belaro’s claims of forgery and lack of knowledge regarding the irregularities, the IBP concluded that he had failed to properly secure his notarial seal.

The Supreme Court, in its analysis, emphasized the significance of the act of notarization, stating that it transforms a private document into a public document, thereby lending it evidentiary weight and credibility. The Court cited Gonzales v. Ramos, highlighting that:

By affixing his notarial seal on the instrument, the respondent converted the Deed of Absolute Sale, from a private document into a public document. Such act is no empty gesture. The principal function of a notary public is to authenticate documents. When a notary public certifies to the due execution and delivery of a document under his hand and seal, he gives the document the force of evidence. Indeed, one of the purposes of requiring documents to be acknowledged before a notary public, in addition to the solemnity which should surround the execution and delivery of documents, is to authorize such documents to be given without further proof of their execution and delivery. A notarial document is by law entitled to full faith and credit upon its face. Courts, administrative agencies and the public at large must be able to rely upon the acknowledgement executed before a notary public and appended to a private instrument. Hence, a notary public must discharge his powers and duties, which are impressed with public interest, with accuracy and fidelity.

Building on this principle, the Court underscored that notaries public must observe utmost care in complying with the formalities intended to protect the integrity of the notarized document and the act or acts it embodies.

The Court referred to Rule VII, Section 2(c) of the 2004 Rules on Notarial Practice, which states that when not in use, the official seal of the notary public must be kept safe and secure and shall be accessible only to him or the person duly authorized by him. Despite finding that the signatures on certain documents were likely forged, the Court held Atty. Belaro liable for failing to provide a satisfactory explanation as to why his notarial seal was affixed to the Extrajudicial Settlement. This failure constituted a breach of the Notarial Law and the CPR.

Moreover, the Court found Atty. Belaro negligent in his reportorial duties as a Notary Public. Even if he did not notarize the Deed of Absolute Sale and the Acknowledgement Receipt, he still entered the same in his Notarial Registry Book. Had Atty. Belaro been more meticulous and cautious, he would have noticed that he did not notarize the subject instruments and exclude the same from his Notarial Registry Book.

The Court also addressed Atty. Belaro’s defense that the filing of a joint motion to dismiss, containing complainant Venson’s Affidavit of Desistance, and his election as a member of the House of Representatives, warranted the dismissal of the complaint. The Court clarified that an affidavit of desistance or the withdrawal of the complaint is not sufficient cause to warrant the dismissal of an administrative complaint. The main objective of disciplinary proceedings is to determine the fitness of a member to remain in the Bar. It is conducted for the public welfare, and the desistance of the complainant is irrelevant. What matters is whether the charge in the complaint has been proven on the basis of the facts borne out by the record.

The Court emphasized that disciplinary proceedings are not civil actions where the complainant is a plaintiff and the respondent lawyer is a defendant. They involve no private interest and afford no redress for private grievance. They are undertaken and prosecuted solely for the public welfare, to preserve courts of justice from the official ministration of persons unfit to practice in them.

In light of these findings, the Supreme Court modified the IBP’s recommendations and imposed the following penalties on Atty. Belaro: suspension from the practice of law for six months, effective upon receipt of the decision; revocation of his notarial commission, if any; and disqualification from reappointment as a notary public for a period of two years from the finality of the decision. These sanctions underscore the gravity of a notary public’s responsibility to safeguard their seal and ensure the integrity of notarized documents.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Belaro violated the 2004 Rules on Notarial Practice and the Code of Professional Responsibility by failing to secure his notarial seal properly and for negligence in his reportorial duties. The case examined the extent of a notary public’s responsibility in safeguarding their seal and ensuring the integrity of notarized documents.
What is the significance of a notarial seal?	A notarial seal authenticates documents, converting them from private to public, and lending them evidentiary weight and credibility. It certifies the due execution and delivery of a document, allowing it to be presented as evidence without further proof of execution.
What are the primary duties of a notary public?	The primary duties of a notary public include authenticating documents, ensuring the identity of signatories, and maintaining a record of notarial acts. They must exercise utmost care in complying with the formalities intended to protect the integrity of notarized documents.
What happens if a notary public fails to secure their notarial seal?	If a notary public fails to secure their notarial seal, they may be held liable for negligence and face disciplinary actions, including suspension from practice, revocation of notarial commission, and disqualification from reappointment. This liability arises because the unsecured seal can be misused, leading to the falsification of documents.
Can a disciplinary case against a lawyer be dismissed if the complainant files an affidavit of desistance?	No, an affidavit of desistance or the withdrawal of a complaint is not sufficient cause to warrant the dismissal of an administrative complaint against a lawyer. The main objective of disciplinary proceedings is to determine the lawyer’s fitness to remain in the Bar.
Does being inactive in the practice of law exempt a lawyer from disciplinary actions?	No, being inactive in the practice of law does not exempt a lawyer from disciplinary actions. The Court retains the power to conduct disciplinary investigations and impose sanctions on members of the Bar, regardless of their current professional status.
What specific penalties were imposed on Atty. Belaro in this case?	Atty. Belaro was suspended from the practice of law for six months, his notarial commission was revoked, and he was disqualified from reappointment as a notary public for two years. These penalties underscore the seriousness of his violations of the Notarial Rules and the CPR.
What is the legal basis for requiring notaries to secure their seals?	Rule VII, Section 2(c) of the 2004 Rules on Notarial Practice explicitly states that when not in use, the official seal of the notary public must be kept safe and secure and shall be accessible only to him or the person duly authorized by him.
How did the court address the issue of forged signatures in this case?	The court, upon examining the signatures, agreed that the signatures on certain documents were forged but emphasized that Atty. Belaro was still liable for failing to secure his notarial seal, which was affixed to the forged documents.

The case of Venson R. Ang v. Atty. Salvador B. Belaro, Jr. serves as a crucial reminder of the responsibilities and duties of notaries public in the Philippines. It emphasizes the importance of securing notarial seals, complying with reportorial duties, and upholding the integrity of notarized documents. Failure to meet these standards can lead to severe disciplinary actions, undermining public trust in the legal profession and 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: VENSON R. ANG, COMPLAINANT, VS. ATTY. SALVADOR B. BELARO, JR., RESPONDENT., A.C. No. 12408, December 11, 2019