In Bote v. Judge Eduardo, the Supreme Court addressed the administrative liability of a judge acting as an ex officio notary public who negligently notarized a deed of sale with an incorrect date. The Court found the judge liable for failing to exercise due care in the performance of notarial duties. However, because the judge had passed away before the final resolution of the case, the Court dismissed the administrative complaint for humanitarian reasons, underscoring the principle that punitive administrative liabilities are generally not imposed posthumously.

When a Typo Turns Troublesome: A Judge’s Notarial Error and the Quest for Rectification

This case originated from a simple yet consequential error. Elemar G. Bote filed a complaint against Judge Geminiano A. Eduardo for serious neglect of duty and grave misconduct. The heart of the matter was a deed of sale notarized by Judge Eduardo, who mistakenly dated it March 19, 1985, instead of March 19, 1986. This error led to civil and criminal cases being filed against Bote, including a warrant for his arrest. Despite repeated requests from Bote to rectify the error, Judge Eduardo refused, even issuing a certification that the deed was indeed notarized on March 19, 1985. This refusal prompted Bote to file an administrative complaint, arguing that the notarial register clearly showed the correct date as March 19, 1986.

In his defense, Judge Eduardo insisted on the accuracy of the date on the deed. He questioned the veracity of the notarial registry, claiming the entry was not in his handwriting. He also suggested the deed was undated when notarized, and someone else later inserted the date. However, he later contradicted himself by stating that his clerk filled the dates in documents and entries in the notarial register for him. The Office of the Court Administrator (OCA) initially deferred action, pending the outcome of the civil and criminal cases against Bote. Later, the OCA found Judge Eduardo administratively liable and recommended a fine of P10,000.00. The Supreme Court agreed with the OCA’s finding of negligence but disagreed with the recommended penalty, considering the circumstances of the case.

The Supreme Court emphasized the importance of due care in notarization, referencing the case of Cabanilla v. Cristal-Tenorio, Adm. Case No. 6139, 11 November 2003, 415 SCRA 353, 360-361; Article VII, Section 251, Revised Administrative Code. The Court stated that the judge could not have possibly notarized the deed in March 1985, six months before the vendor’s residence certificate was even issued, as the certificate date was already typewritten on the deed. It further noted that the notarial register, which is considered prima facie evidence, supported Bote’s claim that the notarization occurred in 1986. The Court cited Caoili v. Court of Appeals, G.R. No. 128325, 14 September 1999, 314 SCRA 345, 361; Section 23, Rule 132, Rules of Court, underscoring that a notarial register carries a presumption of regularity, requiring clear and convincing evidence to contradict its veracity.

The Court highlighted the significance of a notarial register, explaining that:

A notarial register is prima facie evidence of the facts there stated. It has the presumption of regularity and to contradict the veracity of the entry, evidence must be clear, convincing, and more than merely preponderant. (Gevero v. Intermediate Appellate Court, G.R. No. 77029, 30 August 1990, 189 SCRA 201, 206.)

Building on this principle, the Court found Judge Eduardo’s negligence further compounded by notarizing the deed with unfilled spaces and incomplete entries, making fraudulent insertions easier. The act of notarization, the Court explained, is far from a mere formality; it carries significant public interest. The court cited Tabas v. Mangibin, A.C. No. 5602, 3 February 2004, 421 SCRA 511, 514 explaining that:

Notarization is not an empty, meaningless, routinary act. It is invested with such substantial public interest that only those who are qualified or authorized may act as notaries public.

The Court further stressed that proper notarization transforms a private document into a public one, making it admissible as evidence without further proof of authenticity. This places a high degree of responsibility on notaries public to observe utmost care in their duties, lest public confidence in the integrity of such documents be undermined. The Court cited the ruling in Zaballero v. Montalvan, Adm. Case No. 4370, 25 May 2004, pp. 6-7, emphasizing that only qualified individuals may act as notaries public.

Despite finding Judge Eduardo negligent, the Supreme Court acknowledged his death on June 11, 2001. Citing humanitarian reasons and the case of Apiag v. Judge Cantero, A.M. No. MTJ-95-1070, 12 February 1997, 268 SCRA 47, 64, the Court deemed it inappropriate to impose any administrative liability of a punitive nature, even a reduced fine. The Court held that since the OCA’s recommendation of administrative liability came after Judge Eduardo’s death, the complaint should be dismissed. The rationale was that imposing a fine on a deceased individual or their estate would serve no practical purpose and would be unduly harsh.

The Court’s decision underscores the dual considerations of administrative accountability and humanitarian concerns. While Judge Eduardo’s negligence warranted disciplinary action, his death prior to the final resolution of the case rendered the imposition of any penalty moot. This ruling highlights the Court’s willingness to balance justice with compassion, particularly when dealing with deceased individuals who can no longer defend themselves or rectify their actions.

FAQs

What was the key issue in this case?	The key issue was whether a judge, acting as an ex officio notary public, could be held administratively liable for negligence in notarizing a document with an incorrect date.
What was the judge’s error?	The judge incorrectly dated a deed of sale as March 19, 1985, when it should have been March 19, 1986, leading to legal complications for the complainant.
What evidence supported the claim of error?	The notarial register, considered prima facie evidence, indicated that the deed was notarized in 1986, contradicting the date on the deed itself.
What is the role of a notarial register?	A notarial register serves as a record of notarial acts and is presumed to be accurate unless proven otherwise by clear and convincing evidence.
What is the effect of proper notarization?	Proper notarization converts a private document into a public document, making it admissible in court without further proof of authenticity.
Why was the administrative complaint dismissed?	The administrative complaint was dismissed due to the judge’s death before the final resolution of the case, citing humanitarian reasons.
What was the OCA’s recommendation?	The OCA initially recommended a fine of P10,000 to be deducted from the judge’s retirement benefits, but this was not implemented due to his death.
What is the significance of this case?	The case highlights the importance of due care in notarial duties and the Court’s consideration of humanitarian factors in administrative cases against deceased individuals.

In conclusion, while the Supreme Court acknowledged the negligence of Judge Eduardo in his notarial duties, the supervening event of his death led to the dismissal of the administrative complaint. This decision underscores the principle that administrative penalties are generally not imposed posthumously, especially when considerations of justice and equity warrant otherwise.

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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: Elemar G. Bote v. Judge Geminiano A. Eduardo, A.M. NO. MTJ-04-1524, February 11, 2005