The Supreme Court ruled that a lawyer commissioned as a notary public cannot perform notarial acts outside the territorial jurisdiction of the commissioning court, nor can they delegate these duties to non-lawyers. Atty. Nestor Q. Quintana’s notarial commission was revoked, and he was suspended from law practice for six months due to multiple violations, including notarizing documents outside his authorized area and allowing his wife to perform notarial acts. This decision underscores the importance of strict adherence to the 2004 Rules on Notarial Practice and the Code of Professional Responsibility, reinforcing the integrity of the notarial process and the legal profession.

Territorial Boundaries and Breached Trust: When a Notary Public Oversteps

This case began with a complaint filed by Executive Judge Lily Lydia A. Laquindanum against Atty. Nestor Q. Quintana. The complaint alleged that Atty. Quintana performed notarial functions in Midsayap, Cotabato, which was beyond the territorial jurisdiction of his notarial commission (Cotabato City and Maguindanao). Furthermore, Judge Laquindanum claimed that Atty. Quintana allowed his wife to perform notarial acts in his absence. The central legal question was whether Atty. Quintana violated the 2004 Rules on Notarial Practice and the Code of Professional Responsibility.

Judge Laquindanum’s complaint highlighted specific instances where Atty. Quintana notarized documents outside his jurisdiction, despite being directed to cease such actions. These included affidavits of loss notarized in Midsayap, Cotabato, which falls outside his authorized territory. Under Sec. 11, Rule III of the 2004 Rules on Notarial Practice, a notary public’s authority is limited to the territorial jurisdiction of the commissioning court, meaning Atty. Quintana’s commission for Cotabato City and Maguindanao did not extend to Midsayap, which is part of the Province of Cotabato.

Further investigation revealed that Atty. Quintana’s wife performed notarial acts in his absence, a claim supported by a joint affidavit from two individuals. In his defense, Atty. Quintana claimed that he had filed a petition for a notarial commission in Midsayap, but it was not acted upon, leading him to secure a commission from Cotabato City instead. He argued that he did not violate any rules, as he subscribed documents within the Province of Cotabato and held a valid notarial commission, emphasizing his right to practice law throughout the Philippines.

The Office of the Bar Confidant (OBC) investigated the case and found Atty. Quintana’s defenses without merit. The OBC highlighted that a notary public’s jurisdiction is strictly limited to the area designated by the commissioning court. It also addressed the issue of Atty. Quintana’s wife performing notarial acts, citing the principle that a notary public is personally accountable for all entries in their notarial register and cannot delegate this responsibility, referencing the case of Lingan v. Calubaquib et al. In addition, the investigation uncovered that Atty. Quintana notarized a Deed of Donation where one of the signatories had already passed away, a clear violation of the 2004 Rules on Notarial Practice, specifically Sec. 2, (b), Rule IV.

The Supreme Court adopted the OBC’s findings but modified the recommended penalty. Instead of a two-year disqualification from being appointed as a notary public, the Court imposed a six-month suspension from the practice of law, along with the revocation of his notarial commission for two years. The Court emphasized that notarizing documents outside one’s area of commission is not only a violation of the 2004 Rules on Notarial Practice but also constitutes malpractice of law and falsification. Moreover, notarizing documents with an expired commission violates the lawyer’s oath and amounts to deliberate falsehood.

Atty. Quintana’s actions also violated Canon 9 of the Code of Professional Responsibility, which prohibits lawyers from assisting in the unauthorized practice of law, due to allowing his wife to perform notarial acts. The Supreme Court stressed that a notarial commission should not be treated as a mere source of income but as a privilege granted to qualified individuals to perform duties with public interest, reinforcing the integrity and dignity of the legal profession under Canon 7 of the Code of Professional Responsibility.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Nestor Q. Quintana violated the 2004 Rules on Notarial Practice and the Code of Professional Responsibility by performing notarial acts outside his authorized jurisdiction, allowing his wife to perform notarial acts, and notarizing a document with a deceased signatory.
What is the territorial limit of a notary public’s commission?	A notary public may perform notarial acts only within the territorial jurisdiction of the commissioning court. In this case, Atty. Quintana’s commission was limited to Cotabato City and the Province of Maguindanao, not extending to Midsayap, Cotabato.
Can a notary public delegate their notarial duties?	No, a notary public cannot delegate their notarial duties to non-lawyers, including their spouses. The notary public is personally accountable for all entries in their notarial register.
What happens if a notary public notarizes a document with a deceased signatory?	Notarizing a document with a deceased signatory violates Sec. 2, (b), Rule IV of the 2004 Rules on Notarial Practice, as the person is not personally present before the notary public. This act can lead to disciplinary actions.
What is the penalty for notarizing documents outside the authorized area?	The penalty for notarizing documents outside the authorized area may include revocation of the notarial commission and suspension from the practice of law. The specific penalty depends on the gravity and number of offenses committed.
What is the responsibility of a lawyer as a notary public?	A lawyer acting as a notary public must uphold the integrity and dignity of the legal profession by strictly adhering to the 2004 Rules on Notarial Practice and the Code of Professional Responsibility. This includes ensuring compliance with territorial limits and personal accountability for all notarial acts.
What is Canon 9 of the Code of Professional Responsibility?	Canon 9 of the Code of Professional Responsibility requires lawyers not to directly or indirectly assist in the unauthorized practice of law. Allowing a non-lawyer to perform notarial acts would violate this canon.
What is the significance of a notarial commission?	A notarial commission is a privilege granted to qualified individuals to perform duties imbued with public interest. It should not be treated as a mere source of income, but rather as a responsibility to ensure the integrity of public documents.

This case serves as a stern reminder to all lawyers commissioned as notaries public to strictly adhere to the rules and regulations governing notarial practice. Compliance with territorial limitations and the prohibition against delegating notarial functions are essential to maintaining the integrity of the legal profession and protecting the public interest.

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: JUDGE LILY LYDIA A. LAQUINDANUM VS. ATTY. NESTOR Q. QUINTANA, A.C. No. 7036, June 29, 2009