Clarifying the Roles: When a Philippine Notary Public Can Also Act as a Witness

TLDR: In the Philippines, a notary public is generally allowed to also act as a witness to a document they are notarizing, except in specific cases like wills. This Supreme Court case clarifies this point, dismissing a complaint based on the misconception that these roles are mutually exclusive. It underscores the importance of understanding the nuances of notarization and the limited grounds for challenging notarized documents.

A.C. No. 4751, July 31, 2000

INTRODUCTION

Imagine you’re finalizing a crucial property sale, ensuring every legal box is ticked. You hire a notary public to authenticate the documents, but a question arises: can this notary public also serve as a witness to the signing? This scenario isn’t just hypothetical; it reflects a common misunderstanding about the roles of notaries and witnesses in Philippine law. The case of Solarte v. Pugeda addresses this very issue, providing clarity on when a notary public can indeed wear both hats. This case is a vital reminder that assumptions about legal processes can lead to unnecessary disputes and highlights the importance of sound legal advice when dealing with notarized documents.

Emelita Solarte filed an administrative complaint against Atty. Teofilo F. Pugeda, a former municipal judge and notary public ex officio. Solarte alleged gross misconduct, claiming Pugeda improperly notarized deeds of sale in the 1960s where he also acted as a witness. She argued this was legally irregular and indicative of fraudulent activity related to land she claimed ancestral ties to. The core legal question was whether a notary public in the Philippines is prohibited from also being a witness to the document they notarize.

LEGAL CONTEXT: NOTARIZATION AND WITNESSING IN THE PHILIPPINES

In the Philippines, notarization is a crucial process that adds a layer of authenticity and legal weight to private documents. A notary public, authorized by the court, acts as an impartial witness to the signing of a document, deterring fraud and ensuring due execution. Their role is to attest that the signatures on the document are genuine and that the signatories appeared before them and acknowledged the document as their free act and deed.

Witnessing, on the other hand, serves to corroborate the signing of a document. Witnesses are present at the signing to attest to the act of signing itself and the identity of the signatories. While notarization focuses on the authenticity of signatures and acknowledgment, witnessing provides additional verification of the signing event.

The authority for municipal judges to act as notaries public ex officio during the time of the questioned notarizations stemmed from the Judiciary Act of 1948 and the Revised Administrative Code. However, the Supreme Court, in the 1980 case of Borre v. Moya, clarified that this ex officio power was limited to documents connected with the exercise of their official functions. Crucially, the legal framework at the time, and even currently, does not explicitly prohibit a notary public from also acting as a witness, except in specific instances such as wills, which have stricter requirements under the Civil Code of the Philippines regarding witnesses.

Relevant to this case is the absence of a direct legal prohibition against a notary public also being a witness. As the Supreme Court has stated in prior cases, such as Mahilum v. Court of Appeals, and as reiterated in Solarte v. Pugeda, Philippine law generally permits this dual role, reinforcing the principle of freedom in private transactions unless explicitly restricted by law.

CASE BREAKDOWN: SOLARTE VS. PUGEDA

Emelita Solarte, claiming to be a descendant of the original land owner, Catalino Nocon, suspected fraud in deeds of sale notarized by Atty. Teofilo Pugeda decades prior, in the 1960s. Solarte’s grandfather was one of Catalino’s children, and she believed the land partition and subsequent sales were wrongful. Her suspicion arose in the 1990s when she sought to title her father’s portion of the property.

Unable to get copies of the deeds from Atty. Pugeda, she obtained access through another Nocon descendant, Herminia. Solarte reviewed and recorded the documents, noting that Atty. Pugeda had acted as both notary public and witness. She also pointed out the absence of the vendee’s signature on one deed and alleged that Atty. Pugeda and his wife were improperly administering the property.

Solarte filed a complaint for gross misconduct against Atty. Pugeda, arguing that a notary public could not legally act as a witness. She claimed this, along with other perceived irregularities, indicated fraudulent partition and sale of Catalino Nocon’s property. She asserted she only recently discovered this fraud when pursuing her father’s land title.

Atty. Pugeda defended himself by stating:

1. He was not obligated to provide documents as he was no longer a notary public ex officio. He was willing to search for the old documents but Solarte left for the USA prematurely.
2. No law prohibits a notary public from also being a witness.
3. As a municipal judge in the 1960s, he had the authority to notarize documents under existing laws at the time, before the Borre v. Moya clarification.
4. He denied any involvement in the property partition or administration.

Atty. Pugeda also presented court decisions from prior cases (Civil Case No. TM-273 and CA-G.R. No. 49757-R) that had already upheld the validity of the partition and deeds of sale.

The Supreme Court highlighted key points in its reasoning:

• No Legal Prohibition: The Court firmly stated, “Nothing in the law prohibits a notary public from acting at the same time as witness in the document he notarized.” The exception, as noted, is for wills.
• Lack of Evidence of Fraud: Solarte’s allegations of fraud and involvement of Atty. Pugeda in the partition were unsubstantiated. The Court stressed that “Such a grave charge…needs concrete substantiation to gain credence. It could not prosper without adequate proof.”
• Prior Litigation and Finality: The Court pointed out that the validity of the partition and sales had already been litigated and upheld in previous court cases dating back to 1979. These decisions had become final, and Solarte could not re-litigate these issues through an administrative complaint. The Court noted Solarte’s attempt to mislead them by claiming recent discovery of fraud, when records showed her family had challenged the partition decades earlier.

Ultimately, the Supreme Court agreed with the Integrated Bar of the Philippines (IBP) recommendation to dismiss the complaint, finding it utterly without merit. The Court’s decision rested on the lack of legal basis for Solarte’s claim and the res judicata effect of prior court decisions.

As the Supreme Court concluded, “This administrative charge against respondent lawyer, who as municipal judge notarized the documents involved, is utterly without merit.”

PRACTICAL IMPLICATIONS: WHAT THIS MEANS FOR NOTARIZATION

Solarte v. Pugeda serves as a clear affirmation that in the Philippines, the roles of notary public and witness are not mutually exclusive for most documents. This ruling has significant practical implications for legal practice and everyday transactions:

• Streamlined Document Signing: It simplifies the notarization process, as parties do not necessarily need to find separate individuals to act as notary and witnesses, except when dealing with wills. This is particularly helpful in remote areas or urgent situations.
• Reduced Risk of Technical Challenges: The case reduces the likelihood of legal challenges to notarized documents based solely on the notary public also acting as a witness. This promotes the stability and reliability of notarized documents in legal and commercial transactions.
• Focus on Substantive Issues: By clarifying this procedural aspect, the ruling encourages focus on more substantive issues in legal disputes, such as actual fraud or coercion, rather than technicalities of notarization unless those technicalities violate explicit legal requirements (like witness requirements for wills).

Key Lessons:

• Know the Law: Assumptions about legal procedures can be costly. Always verify legal requirements, especially concerning notarization and witnessing, with reliable legal sources or professionals.
• Substantiate Claims: Grave accusations, such as fraud against legal professionals, require solid evidence, not just suspicion.
• Respect Final Judgments: Court decisions, once final, are binding and cannot be circumvented through administrative complaints on the same issues.

FREQUENTLY ASKED QUESTIONS (FAQs)

Q: Can my lawyer act as a notary public for my documents?

A: Yes, lawyers in the Philippines who are in good standing with the Integrated Bar of the Philippines (IBP) can apply to become notaries public. If your lawyer is a notary public, they can notarize your documents.

Q: Are there any documents where the notary public cannot be a witness?

A: Yes. Wills require specific types and numbers of witnesses who must be distinct from the notary public. This is to ensure the will’s validity and prevent undue influence.

Q: What makes a document validly notarized in the Philippines?

A: A validly notarized document generally requires the signatory to personally appear before the notary public, present valid identification, and acknowledge that they signed the document freely and voluntarily. The notary public then affixes their signature and seal, recording the notarization in their notarial register.

Q: What should I do if I suspect fraud in a notarized document?

A: If you suspect fraud, gather any evidence you have and consult with a lawyer immediately. They can advise you on the best course of action, which may include legal proceedings to challenge the document’s validity.

Q: Is it always necessary to notarize a document to make it legally binding in the Philippines?

A: Not all documents require notarization to be legally binding. However, notarization adds a strong presumption of regularity and authenticity, making the document more readily admissible in court and generally more legally robust, especially for important transactions like real estate deals, contracts, and affidavits.

ASG Law specializes in Real Estate Law and Litigation. Contact us or email hello@asglawpartners.com to schedule a consultation.