Subject of this disposition is the February 25, 2016 Resolution of the Integrated Bar of the Philippines-Board of Governors (IBP-BOG), which adopted and approved with modification the Report and Recommendation of the Investigating Commissioner. This case underscores the critical importance of adhering to the rules governing notarial practice. The Supreme Court affirmed the suspension of Atty. Rolando B. Arellano for notarizing documents without a valid notarial commission, emphasizing that such actions undermine the integrity of public documents and erode public trust in the legal profession. The court further barred him permanently from being commissioned as a notary public, reinforcing the seriousness with which it views violations of notarial rules. This decision serves as a stern warning to all lawyers about the consequences of neglecting their professional duties and responsibilities.

The Unofficial Seal: When Attorneys Overstep Notarial Boundaries

This case arose from a complaint filed by Arlene Villaflores-Puza against Atty. Rolando B. Arellano, who represented her husband in a case for declaration of nullity of marriage. The core issue stemmed from Atty. Arellano’s notarization of affidavits presented as evidence, despite lacking a valid notarial commission in Mandaluyong City. This act prompted Villaflores-Puza to question the authenticity and legality of the documents, leading to a formal complaint before the Integrated Bar of the Philippines (IBP). The central legal question revolved around the ethical and professional responsibilities of a lawyer in ensuring compliance with notarial rules and the consequences of failing to do so.

The significance of proper notarization cannot be overstated. As the Supreme Court emphasized in *Mariano v. Atty. Echanez*:

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.

This quote underscores the gravity of the responsibility entrusted to notaries public and the potential repercussions of neglecting this duty. Any deviation from established notarial rules is treated seriously to maintain the integrity of the notarization process.

The facts of the case clearly demonstrated Atty. Arellano’s transgression. He notarized affidavits without possessing a valid notarial commission, a fact confirmed by a certification from the Regional Trial Court (RTC) of Mandaluyong City. This blatant disregard for notarial rules constituted a clear violation of his professional duties. Moreover, his failure to respond to the accusations and comply with the orders of the investigating commissioner further aggravated his misconduct. The IBP, acting as the Court-designated investigator, rightly took a dim view of his lack of cooperation.

The Court’s reasoning hinged on the fundamental principle that lawyers must uphold the integrity of the legal profession. Notarization is a crucial process that lends authenticity and credibility to legal documents. By notarizing documents without proper authorization, Atty. Arellano not only misled the court but also undermined public trust in the legal system. His actions demonstrated a lack of respect for the law and a disregard for his professional obligations.

In its decision, the Supreme Court highlighted the importance of adherence to notarial rules and the consequences of non-compliance. It affirmed the IBP’s decision to suspend Atty. Arellano from the practice of law for three years. More significantly, the Court permanently disqualified him from being commissioned as a notary public. This additional penalty underscored the severity of his misconduct and the Court’s determination to prevent him from further abusing the notarial process.

This case serves as a crucial reminder to all lawyers of their ethical and professional responsibilities. Lawyers must ensure that they possess the necessary qualifications and authorizations before performing notarial acts. Failure to do so can result in severe disciplinary actions, including suspension from the practice of law and permanent disqualification from being commissioned as a notary public. By upholding the integrity of the notarial process, lawyers contribute to the fairness and reliability of the legal system. The legal framework is clear: only those commissioned as notaries public may perform notarial acts within their territorial jurisdiction.

Respondent’s lack of response to the charges against him further compounded his ethical lapse. The Supreme Court considers a lawyer’s failure to cooperate with IBP investigations as a separate act of misconduct. Attorneys are obligated to comply with the lawful directives of the IBP, as it acts as the Court’s designated investigator. This duty stems not only from membership in the IBP but also from the broader responsibility to uphold the integrity of legal proceedings.

The practical implications of this decision are far-reaching. It reinforces the importance of verifying the credentials of notaries public before relying on their services. Individuals and organizations that rely on notarized documents should take steps to ensure that the notary public is duly authorized and in good standing. This can help prevent legal challenges and ensure the validity of important transactions. Additionally, the decision serves as a deterrent to other lawyers who may be tempted to engage in unauthorized notarial acts.

The Supreme Court’s decision in this case reflects its commitment to maintaining the highest standards of ethical conduct within the legal profession. By imposing a significant penalty on Atty. Arellano, the Court sent a clear message that it will not tolerate violations of notarial rules. This decision is consistent with the Court’s long-standing jurisprudence on the importance of integrity and professionalism in the practice of law. The ruling emphasizes that lawyers are not only officers of the court but also guardians of the public trust.

In conclusion, the *Villafores-Puza v. Arellano* case highlights the critical role of notaries public in the legal system and the importance of adhering to notarial rules. Lawyers who fail to comply with these rules face severe consequences, including suspension from the practice of law and permanent disqualification from being commissioned as a notary public. This decision serves as a reminder to all lawyers of their ethical and professional responsibilities and the need to uphold the integrity of the legal profession.

FAQs

What was the central issue in this case?	The core issue was whether Atty. Arellano violated notarial rules by notarizing documents without a valid commission. The Supreme Court addressed the importance of upholding the integrity of notarization.
What was the Supreme Court’s ruling?	The Supreme Court suspended Atty. Arellano from practicing law for three years and permanently disqualified him from being a notary public. This decision emphasized the seriousness of notarizing documents without proper authorization.
Why is notarization important?	Notarization converts a private document into a public document, making it admissible in court without further proof. It lends authenticity and credibility to legal documents.
What happens if a lawyer notarizes documents without a commission?	A lawyer who notarizes documents without a valid notarial commission is remiss in their professional duties. They may face disciplinary actions, including suspension and disqualification from being a notary public.
What did the IBP recommend in this case?	The IBP initially recommended a three-year suspension from the practice of law. The Supreme Court agreed with this recommendation and added permanent disqualification from being a notary public.
Why did the respondent’s lack of response matter?	The respondent’s failure to answer the accusations and comply with orders from the IBP was considered a separate act of misconduct. Lawyers are obligated to cooperate with IBP investigations.
What is the practical implication of this ruling for the public?	The ruling reinforces the need to verify the credentials of notaries public. It also serves as a deterrent to lawyers considering unauthorized notarial acts.
Can this ruling be applied retroactively?	Generally, rulings apply prospectively, but in cases involving ethical violations, the consequences are immediate and related to the lawyer’s fitness to practice. Therefore, it impacts current and future conduct.

This case provides essential guidance on the ethical responsibilities of lawyers regarding notarial practice. The consequences of violating these rules are significant and underscore the importance of adhering to professional standards. It is a reminder for all legal professionals to stay informed and compliant with the rules governing their practice.

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: ARLENE VILLAFLORES­-PUZA v. ATTY. ROLANDO B. ARELLANO, A.C. No. 11480, June 20, 2017