The Importance of Adhering to Notarial Standards: Lessons from a Lawyer’s Oversight

Re: Order Dated January 7, 2020 of Judge Ignacio I. Alajar Suspending Atty. Ely F. Azarraga’s Notarial Commission for One (1) Year, 895 Phil. 386 (2021)

Imagine a scenario where a property dispute escalates due to improperly notarized documents. This situation not only jeopardizes the legal standing of the involved parties but also casts a shadow on the integrity of the legal process. In the case of Atty. Ely F. Azarraga, a notary public’s failure to adhere to the 2004 Rules on Notarial Practice led to significant repercussions. This case underscores the critical role notaries play in ensuring the authenticity and legality of documents, particularly in real estate transactions.

The central issue in this case revolves around Atty. Azarraga’s notarization of documents without verifying the identity of the signatories or ensuring their presence during the notarization process. This oversight led to a petition for a duplicate title being dismissed, exposing the notary to disciplinary actions. The Supreme Court’s decision in this matter highlights the importance of strict adherence to notarial standards and the consequences of failing to do so.

Legal Context: Understanding Notarial Responsibilities

Notaries public are entrusted with a significant responsibility in the legal system. According to the 2004 Rules on Notarial Practice, a notary must ensure that the person signing a document is present and properly identified. Specifically, Section 1, Rule II states that the attesting individual must be “personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules.”

Furthermore, Section 2(b), Rule IV of the same rules prohibits a notary from performing a notarial act if the signatory is not present or not personally known to the notary. These provisions are designed to prevent fraud and maintain the integrity of notarized documents.

In everyday terms, this means that when you go to a notary to have a document notarized, the notary should ask for your ID or confirm your identity through other reliable means. This process is crucial in real estate transactions, where the authenticity of documents can significantly impact property rights and ownership.

Case Breakdown: Atty. Azarraga’s Journey Through the Legal System

The case began when Atty. Azarraga notarized documents for a petition filed by Brenda Natividad, represented by her attorney-in-fact, Aida Palomar Dela Cruz. The documents included a Special Power of Attorney and an Affidavit of Loss, both purportedly signed by Brenda. However, it was later revealed that Brenda did not sign these documents, and her former father-in-law, Lucien Natividad, claimed possession of the original title.

The Regional Trial Court (RTC) of Roxas City dismissed the petition and ordered Atty. Azarraga to explain why his notarial commission should not be revoked. In his defense, Atty. Azarraga apologized, admitting the oversight but claiming no bad faith or dishonest motives. He explained that he relied on assurances from Dela Cruz that the documents were legitimate.

Despite his apology, the Executive Judge of the RTC suspended Atty. Azarraga’s notarial commission for one year. Atty. Azarraga appealed this decision to the Supreme Court, requesting a reduction in the penalty due to humanitarian considerations, citing his family’s health issues and his clean record since being commissioned as a notary in 2001.

The Supreme Court, in its decision, affirmed the suspension but adjusted the penalties. The Court found Atty. Azarraga guilty of violating not only the 2004 Rules on Notarial Practice but also the Code of Professional Responsibility. The Court noted:

“In the realm of legal ethics, a breach of the 2004 Rules on Notarial Practice would also constitute a violation of the Code of Professional Responsibility, considering that an erring lawyer who is found to be remiss in his functions as a notary public is considered to have violated his oath as a lawyer as well.”

The Court revoked Atty. Azarraga’s notarial commission, disqualified him from being commissioned as a notary for one year, and suspended him from practicing law for six months. The decision emphasized the immediate executory nature of such sanctions and the importance of notaries upholding the law and legal processes.

Practical Implications: Navigating Notarial Duties and Property Transactions

This ruling serves as a reminder to notaries and legal professionals about the importance of diligence in their duties. For property owners and individuals involved in legal transactions, it underscores the need to ensure that all documents are properly notarized to avoid disputes and legal challenges.

Key Lessons:

• Notaries must always verify the identity of signatories and ensure their presence during notarization.
• Failure to adhere to notarial standards can lead to severe disciplinary actions, including suspension from practice.
• Individuals should be cautious when engaging notaries and ensure that all legal requirements are met to protect their interests.

Frequently Asked Questions

What are the responsibilities of a notary public in the Philippines?

A notary public must verify the identity of signatories and ensure their presence during the notarization process, as mandated by the 2004 Rules on Notarial Practice.

What happens if a notary fails to follow these rules?

Failure to adhere to notarial standards can result in the revocation of the notary’s commission, disqualification from being a notary, and suspension from the practice of law.

Can a notary public be held liable for notarizing documents without proper identification?

Yes, a notary can face disciplinary actions and legal consequences for notarizing documents without verifying the identity of the signatories.

How can individuals protect themselves in property transactions?

Ensure that all documents are properly notarized and that the notary follows all legal requirements. It’s also advisable to consult with a legal professional to review documents before notarization.

What should a notary do if they suspect a document might be fraudulent?

A notary should refuse to notarize the document and report any suspected fraud to the appropriate authorities.

ASG Law specializes in notarial law and property disputes. Contact us or email hello@asglawpartners.com to schedule a consultation.