The Importance of Meticulous Notarial Record-Keeping: Lessons from a Lawyer’s Suspension

Rodolfo L. Orenia III v. Atty. Romeo S. Gonzales, A.C. No. 12766, October 07, 2020

Imagine entrusting your most important documents to a notary public, only to find out later that those documents might be invalid due to improper notarization. This is not just a hypothetical scenario; it’s a real issue that can have serious legal repercussions. In the Philippines, the Supreme Court case of Rodolfo L. Orenia III v. Atty. Romeo S. Gonzales highlights the critical role notaries play in maintaining the integrity of legal documents. The case revolves around Atty. Gonzales, who faced disciplinary action due to his failure to properly record a notarial act, leading to a three-month suspension from the practice of law and the revocation of his notarial commission.

The central question in this case was whether Atty. Gonzales’ negligence in maintaining his notarial register warranted disciplinary action. This issue strikes at the heart of the trust placed in notaries to ensure the authenticity and legality of documents.

Legal Context: The Duties and Responsibilities of a Notary Public

In the Philippines, notaries public are entrusted with a significant responsibility: to authenticate documents and ensure their legal validity. The 2004 Rules on Notarial Practice outline the specific duties and responsibilities of notaries, emphasizing the importance of maintaining a notarial register. According to Section 2, Rule VI of the Notarial Rules, “For every notarial act, the notary shall record in the notarial register at the time of notarization the following: the entry number and page number, the date and time of day of the notarial act, the type of notarial act, the title or description of the instrument, document or proceeding, the name and address of each principal, and other relevant details.”

A notary’s failure to adhere to these rules can lead to serious consequences, as notaries are considered public officers who must uphold the integrity of the legal system. The Code of Professional Responsibility further mandates that lawyers, including those acting as notaries, must not delegate their duties to unqualified persons, as stated in Rule 9.01, Canon 9: “A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be performed by a member of the Bar in good standing.”

Consider a scenario where a property owner needs to notarize a deed of sale. If the notary fails to record this act in their notarial register, the validity of the deed could be questioned, potentially leading to disputes over ownership and legal battles.

The Case of Rodolfo L. Orenia III v. Atty. Romeo S. Gonzales

The case began when Rodolfo L. Orenia III filed a disbarment complaint against Atty. Romeo S. Gonzales, alleging that Gonzales had failed to record a Director’s Certificate in his notarial register. Atty. Gonzales admitted to the oversight, attributing it to the negligence of his former secretary. However, the Supreme Court emphasized that such responsibilities cannot be delegated, stating, “Being the one charged by law to record in the notarial register the necessary information regarding documents or instruments being notarized, Atty. Gonzales cannot evade liability by passing the negligence to his former secretary and invoke good faith.”

The procedural journey of the case involved several steps:

• Atty. Gonzales filed an answer to the complaint, admitting the failure to record the Director’s Certificate.
• The Integrated Bar of the Philippines (IBP) conducted an investigation, initially recommending the dismissal of the complaint.
• The IBP Board of Governors later reversed this recommendation, imposing a six-month suspension from the practice of law and revoking Atty. Gonzales’ notarial commission.
• Atty. Gonzales moved for reconsideration, leading to a revised penalty that removed the suspension but maintained the revocation of his notarial commission and a two-year disqualification from being commissioned as a notary public.
• The Supreme Court reviewed the case and ultimately modified the penalty, stating, “Under the circumstances, the Court finds the revocation of Atty. Gonzales’ notarial commission, disqualification of his notarial commission for one (1) year, and suspension from the practice of law for three (3) months appropriate.”

The Court’s decision underscores the seriousness with which it views the failure to comply with notarial duties, noting, “The notarization of public documents is vested with substantive public interest. Courts, administrative agencies, and the public at large must be able to rely upon the acknowledgment executed by a notary public and appended to a private instrument.”

Practical Implications: Ensuring Notarial Integrity

This ruling sends a clear message to all notaries public in the Philippines: meticulous record-keeping is not just a procedural requirement but a fundamental duty to uphold the integrity of legal documents. For lawyers and notaries, this case serves as a reminder of the potential consequences of neglecting their responsibilities.

Businesses and individuals who rely on notaries should be vigilant in ensuring that their notarial acts are properly recorded. Here are some key lessons to take away:

• Always verify that your notary public maintains a notarial register and records your documents accurately.
• Understand that the validity of your notarized documents depends on the notary’s adherence to legal requirements.
• If you suspect any irregularities in the notarization process, seek legal advice promptly to protect your rights.

Frequently Asked Questions

What is a notarial register, and why is it important?

A notarial register is a chronological record of all notarial acts performed by a notary public. It’s crucial because it provides a verifiable record of the authenticity and legality of notarized documents.

Can a notary public delegate the task of recording notarial acts?

No, according to the 2004 Rules on Notarial Practice and the Code of Professional Responsibility, notaries must personally record their notarial acts and cannot delegate this duty to others.

What are the consequences of failing to record a notarial act?

Failing to record a notarial act can lead to the revocation of a notary’s commission, disqualification from being commissioned as a notary public, and suspension from the practice of law.

How can I ensure that my documents are properly notarized?

Always work with a reputable notary public, ask to see their notarial register, and ensure that they record your document at the time of notarization.

What should I do if I suspect my notarized document is invalid?

Consult with a legal professional immediately to assess the situation and take appropriate action to protect your legal rights.

ASG Law specializes in notarial practice and legal ethics. Contact us or email hello@asglawpartners.com to schedule a consultation.