This Supreme Court decision emphasizes the crucial role of notaries public in ensuring the integrity of legal documents. It underscores that a notary’s failure to properly verify the identities of signatories and the veracity of their statements undermines public confidence in the legal system. The ruling reaffirms that attorneys who act as notaries must adhere to the highest standards of diligence and ethical conduct and provides a crucial precedent for maintaining the reliability of notarized documents and upholding the legal profession’s integrity.

When a Notary’s Negligence Leads to Legal Liability: The Case of the Deceased Vendor

The case arose from a complaint filed by Fidel D. Aquino against Atty. Oscar Manese, who notarized a Deed of Absolute Sale that included a deceased individual, Lilia D. Cardona, as one of the vendors. Aquino, a tenant on the land subject to the sale, alleged that the deed was falsified because Lilia Cardona had died four years prior to its execution. Atty. Manese argued that he could not be expected to personally know every person who sought notarization and that no interested party had complained. The Supreme Court, however, found Atty. Manese liable for failing to properly ascertain the identity and presence of all signatories, thus violating the Notarial Law and the Code of Professional Responsibility. Building on this principle, the Court emphasized the public’s reliance on notarial acts and the duty of notaries to ensure the accuracy and authenticity of documents.

The Court’s decision hinged on the importance of the notarial act, which converts a private document into a public document admissible as evidence without further proof of authenticity. The Court quoted its earlier decision:

Notarization is not an empty, meaningless, routinary act. It is invested with substantive public interest, such that only those who are qualified or authorized may act as notaries public. Notarization converts a private document into a public document thus making that document admissible in evidence without further proof of its authenticity. A notarial document is by law entitled to full faith and credit upon its face. 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.

The Court dismissed Atty. Manese’s defense that he could not be expected to personally know every person seeking notarization. This assertion was viewed as a blatant disregard for the stringent requirements of the notarial act. By failing to verify the identity of the signatories, particularly Lilia Cardona, Atty. Manese violated Canon I of the Code of Professional Responsibility, which requires lawyers to uphold the Constitution, obey the laws, and promote respect for the legal system. He also breached Rule 1.01, which prohibits lawyers from engaging in unlawful, dishonest, immoral, or deceitful conduct.

In its analysis, the Court considered the evidence presented, including the Death Certificate of Lilia Cardona and the National Bureau of Investigation’s report, which confirmed that the signature on the Deed of Absolute Sale did not match her specimen signatures. The Court reiterated that a notary public must ensure that the persons signing a document are the same individuals who executed it and personally appeared before them to attest to its contents. The Supreme Court emphasized the serious repercussions of failing to uphold this duty, undermining public confidence in notarial documents.

The Supreme Court addressed the issue of the complainant’s standing to file the case. The court clarified that under Section 1 of Rule 139-B of the Rules of Court, disbarment, suspension, or disciplinary proceedings against attorneys can be initiated by the Court or the IBP, upon the verified complaint of any person, motu proprio. The Supreme Court took the final action, underscoring that disciplinary proceedings serve to maintain the integrity of the legal profession and protect the public from unscrupulous lawyers.

FAQs

What was the key issue in this case?	The central issue was whether Atty. Oscar Manese violated the Notarial Law and the Code of Professional Responsibility by notarizing a Deed of Absolute Sale that included a deceased person as a signatory, highlighting the duties and responsibilities of a notary public.
What was the Supreme Court’s ruling?	The Supreme Court found Atty. Manese liable and revoked his notarial commission, disqualified him from reappointment as Notary Public for two years, and suspended him from practicing law for two years.
Why was Atty. Manese disciplined?	Atty. Manese was disciplined for failing to ascertain that the vendors-signatories to the Deed of Absolute Sale were the same individuals who executed it and personally appeared before him, violating his duty as a notary public.
What is the importance of notarization?	Notarization converts a private document into a public document, making it admissible as evidence without further proof of authenticity; it is invested with substantive public interest and carries a presumption of regularity.
What is a notary public’s responsibility when notarizing a document?	A notary public must ensure the identity of the signatories, verify that they executed the document voluntarily, and that they personally appeared before them to attest to the contents.
What ethical rules did Atty. Manese violate?	Atty. Manese violated Canon I and Rule 1.01 of the Code of Professional Responsibility, which require lawyers to uphold the law, respect legal processes, and refrain from dishonest conduct.
Can anyone file a complaint against a lawyer?	Yes, under Rule 139-B of the Rules of Court, disbarment or disciplinary proceedings can be initiated by the Supreme Court or the Integrated Bar of the Philippines (IBP) upon the verified complaint of any person.
What evidence did the Court consider in this case?	The Court considered the Death Certificate of Lilia Cardona, the NBI report confirming the signature discrepancy, and Atty. Manese’s own admission that he did not personally know all the signatories.

This decision reinforces the principle that attorneys serving as notaries public must exercise due diligence in verifying the identity and capacity of individuals signing documents. It serves as a warning that failure to comply with notarial requirements will result in disciplinary action. The ruling ensures that public trust in the legal profession and the integrity of legal documents are preserved, highlighting the critical importance of adhering to ethical standards and legal obligations in notarial 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: Fidel D. Aquino vs. Atty. Oscar Manese, A.C. No. 4958, April 03, 2003