The Supreme Court held that a lawyer who notarizes documents without proper authority and fails to adhere to the required standards of identity verification is guilty of misconduct. This decision underscores the significance of notarial duties and the legal profession’s responsibility to uphold public trust. It serves as a reminder for attorneys to strictly adhere to the rules and regulations governing notarial practice and the ethical standards expected of members of the bar.

The Case of the Unqualified Notary: When Good Intentions Lead to Legal Consequences

This case revolves around a complaint filed by Maria Fatima Japitana against Atty. Sylvester C. Parado, accusing him of performing notarial acts without the requisite authority, knowingly notarizing forged documents, and failing to properly identify signatories. The central issue is whether Atty. Parado violated the rules governing notarial practice and the Code of Professional Responsibility, thus warranting disciplinary action.

The facts indicate that Atty. Parado notarized a Real Estate Mortgage and an Affidavit of Conformity, both critical documents related to a property dispute involving the Japitana family. Fatima challenged the validity of these documents, alleging forgery and Atty. Parado’s lack of notarial authority. The Integrated Bar of the Philippines (IBP) investigated the matter, finding that Atty. Parado did not possess a valid notarial commission at the time of the notarizations. Despite this, he testified in court that he held a commission valid until 2008, a statement contradicted by official records.

The Supreme Court, in its decision, emphasized the importance of adhering to the 2004 Rules on Notarial Practice. These rules clearly stipulate that only duly commissioned notaries public may perform notarial acts, and only within the territorial jurisdiction of the commissioning court. The Court quoted In Re: Violation of Rules on Notarial Practice, highlighting the significant public interest attached to notarization:

Under the rule, only persons who are commissioned as notary public may perform notarial acts within the territorial jurisdiction of the court which granted the commission. Clearly, Atty. Siapno could not perform notarial functions in Lingayen, Natividad and Dagupan City of the Province of Pangasinan since he was not commissioned in the said places to perform such act.

Time and again, this Court has stressed that notarization is not an empty, meaningless and routine act. It is invested with substantive public interest that only those who are qualified or authorized may act as notaries public. It must be emphasized that the act of notarization by a notary public converts a private document into a public document making that document admissible in evidence without further proof of authenticity. A notarial document is by law entitled to full faith and credit upon its face, and for this reason, notaries public must observe with utmost care the basic requirements in the performance of their duties.

By performing notarial acts without the necessary commission from the court, Atty. Siapno violated not only his oath to obey the laws particularly the Rules on Notarial Practice but also Canons 1 and 7 of the Code of Professional Responsibility which proscribes all lawyers from engaging in unlawful, dishonest, immoral or deceitful conduct and directs them to uphold the integrity and dignity of the legal profession, at all times.

In a plethora of cases, the Court has subjected lawyers to disciplinary action for notarizing documents outside their territorial jurisdiction or with an expired commission, xxxx

Atty. Parado’s actions were found to be in direct violation of these rules, as he performed notarial acts without a valid commission. His subsequent false testimony further compounded his misconduct, demonstrating dishonesty and a lack of integrity in his dealings with the court. Building on this principle, the Court noted that even if Atty. Parado had possessed a valid commission, he still failed to comply with the Rules on Notarial Practice regarding the identification of individuals appearing before him.

Specifically, Section 2(b), Rule IV of the 2004 Rules on Notarial Practice mandates that a notary public must require “competent evidence of identity” from individuals not personally known to them. This evidence typically consists of a current identification document issued by an official agency, bearing the individual’s photograph and signature. In Atty. Parado’s case, he accepted Residence Certificates or Community Tax Certificates (CTCs) as sufficient proof of identity, a practice the Court deemed inadequate and a punishable indiscretion. As mentioned in the case, reliance on CTCs alone is a punishable indiscretion by the notary public.

The implications of this decision are significant. It reinforces the high standard of conduct expected of lawyers, particularly when acting as notaries public. Notarization is not a mere formality; it is a critical function that lends legal weight to documents and protects the interests of all parties involved. When lawyers fail to uphold their duties as notaries, they undermine the integrity of the legal system and erode public confidence. The failure to adhere to these rules can result in severe penalties, including suspension from the practice of law and permanent disqualification from holding a notarial commission.

Considering all of these points, the Court found Atty. Parado guilty of violating the Rules on Notarial Practice and the Code of Professional Responsibility. Consequently, the Court increased the penalty recommended by the IBP, underscoring the gravity of his offenses.

The Court noted that strict adherence to the Rules on Notarial Practice is crucial for maintaining the integrity of legal documents and ensuring public trust in the legal profession. This vigilance safeguards the reliability of notarized documents and prevents potential fraud or abuse.

In light of these considerations, the Supreme Court issued the following judgment:

WHEREFORE, respondent Atty. Sylvester C. Parado is SUSPENDED from the practice of law for two (2) years and PERMANENTLY DISQUALIFIED from being commissioned as Notary Public.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Parado violated the Rules on Notarial Practice and the Code of Professional Responsibility by performing notarial acts without authority and failing to properly verify the identity of signatories.
What did the Supreme Court decide?	The Supreme Court found Atty. Parado guilty of misconduct and suspended him from the practice of law for two years, as well as permanently disqualified him from being commissioned as a Notary Public.
Why is notarization important?	Notarization is important because it converts a private document into a public document, making it admissible in evidence without further proof of authenticity and ensuring its legal validity.
What is considered competent evidence of identity?	Competent evidence of identity includes at least one current identification document issued by an official agency bearing the photograph and signature of the individual.
What happens if a lawyer notarizes a document without a valid commission?	A lawyer who notarizes a document without a valid commission violates the Rules on Notarial Practice and the Code of Professional Responsibility, potentially facing disciplinary action.
Can Community Tax Certificates (CTCs) be used as sufficient proof of identity?	No, Community Tax Certificates (CTCs) are not considered sufficient proof of identity under the Rules on Notarial Practice.
What ethical rules did Atty. Parado violate?	Atty. Parado violated Canons 1 and 7 of the Code of Professional Responsibility, which proscribe lawyers from engaging in unlawful, dishonest, immoral, or deceitful conduct and direct them to uphold the integrity and dignity of the legal profession.
What is the role of the Integrated Bar of the Philippines (IBP) in these cases?	The IBP investigates complaints against lawyers and makes recommendations to the Supreme Court regarding disciplinary actions, ensuring that attorneys adhere to ethical and professional standards.

This case serves as a crucial reminder to all legal professionals of the importance of upholding the integrity of the notarial process and maintaining the highest standards of ethical conduct. Adherence to these principles is essential for safeguarding public trust and ensuring the proper administration of justice.

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: MARIA FATIMA JAPITANA VS. ATTY. SYLVESTER C. PARADO, A.C. No. 10859, January 26, 2016