The Supreme Court’s decision in Miranda, Jr. v. Alvarez, Sr. underscores the gravity of adhering to the 2004 Rules on Notarial Practice and the Code of Professional Responsibility. The Court found Atty. Jose B. Alvarez, Sr. guilty of violating these rules by performing notarial acts without a valid commission, notarizing documents lacking proper signatory identification, and failing to submit required documentation to the Clerk of Court. Consequently, the Supreme Court suspended him from the practice of law for two years, revoked his notarial commission, and perpetually disqualified him from being commissioned as a notary public, thus reinforcing the importance of integrity and compliance within the legal profession.

When Boundaries Blur: Questioning the Ethical Lines in Notarial Practice

The case of Pablito L. Miranda, Jr. v. Atty. Jose B. Alvarez, Sr. began with a complaint filed before the Integrated Bar of the Philippines (IBP), alleging that Atty. Alvarez notarized documents despite his notarial commission having expired. The complainant presented evidence indicating that Alvarez maintained multiple notarial offices and notarized documents outside his authorized jurisdiction, leading to questions about his compliance with the Notarial Rules and his ethical responsibilities as a lawyer. This administrative case thus highlights the critical role of notaries public in ensuring the integrity of legal documents, and it serves as a reminder that only qualified and authorized individuals must perform notarial acts to maintain public trust and confidence in the legal system.

The facts revealed that Atty. Alvarez had committed several violations. First, he notarized documents in San Pedro, Laguna, despite his commission for that jurisdiction having expired in 2005. While he held a valid commission in Biñan, Laguna, from 2010 to 2011, he performed notarial acts in San Pedro, effectively operating outside the territorial limits of his authorization. Furthermore, the Court noted that Atty. Alvarez notarized an Affidavit for Death Benefit Claim in Biñan, Laguna, on April 10, 2012, after his Biñan commission had also expired. These actions clearly contravene the Notarial Rules, which stipulate that notarial acts must be performed within the commissioning court’s territorial jurisdiction and during the commission’s validity.

Building on this, the Court found that Atty. Alvarez notarized documents lacking proper identification of the signatories. One specific instance was the 2010 Application for Business Permit, which lacked details of the signatory’s competent evidence of identity. The Supreme Court has consistently held that a notary public must ensure the identity of the signatory through personal knowledge or competent evidence. The failure to do so not only violates the Notarial Rules but also undermines the integrity of the notarized document. As emphasized in Gaddi v. Velasco,

In the present case, contrary to [Atty.] Velasco’s claim that Gaddi appeared before him and presented two identification cards as proof of her identity, the notarial certificate, in rubber stamp, itself indicates: “SUBSCRIBE AND SWORN TO BEFORE ME THIS APR 22, 2010 x x x AT MAKATI CITY. AFFIANT EXHIBITING TO ME HIS/HER C.T.C. NO. ______ ISSUED AT/ON ______.” The unfilled spaces clearly establish that Velasco had been remiss in his duty of ascertaining the identity of the signatory to the document. Velasco did not comply with the most basic function that a notary public must do, that is, to require the presence of Gaddi; otherwise, he could have ascertained that the handwritten admission was executed involuntarily and refused to notarize the document. Furthermore, Velasco affixed his signature in an incomplete notarial certificate. x x x

Moreover, the Court found that Atty. Alvarez failed to forward certified copies of monthly entries and duplicate original copies of acknowledged instruments to the Clerk of Court (COC), another violation of the Notarial Rules. The September 21, 2011, Certification issued by COC Beran-Baraoidan confirmed that a copy of the SPA executed by Amante was not submitted to the RTC-San Pedro. This requirement ensures proper record-keeping and accountability, and failure to comply is grounds for revocation of a notary public’s commission.

The Supreme Court emphasized that these violations also reflect on Atty. Alvarez’s standing as a lawyer. As a member of the Bar, he is expected to uphold the integrity and dignity of the legal profession. By repeatedly flouting the Notarial Rules, he engaged in unlawful conduct, violating the Code of Professional Responsibility (CPR). Specifically, he violated Canon 1, which mandates that a lawyer shall uphold the constitution and obey the laws; Rule 1.01, which prohibits unlawful, dishonest, or deceitful conduct; and Canon 7, which requires lawyers to uphold the integrity of the legal profession.

The penalties imposed by the Court, including suspension from the practice of law, revocation of his notarial commission, and perpetual disqualification from being a notary public, are consistent with established jurisprudence. The Court has consistently held that notarization is not a mere formality but an act imbued with public interest, necessitating strict compliance with the rules.

In addition to these violations, the Court addressed complainant’s motion for reconsideration, which raised concerns about Atty. Alvarez practicing law despite an existing suspension order. The Office of the Bar Confidant (OBC) certified that Atty. Alvarez had been suspended for five months in 2000, and this suspension had not been lifted. The Court clarified that the lifting of a suspension is not automatic. A lawyer must file a motion, provide certifications from the Executive Judge and the IBP, and obtain a favorable recommendation from the OBC. Since Atty. Alvarez had not complied with this procedure, he was directed to show cause why he should not be held in contempt of court and/or further disciplined for allegedly practicing law during his suspension.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Alvarez violated the 2004 Rules on Notarial Practice and the Code of Professional Responsibility through unauthorized notarial acts and other misconduct. The Supreme Court addressed the extent and consequences of these violations.
What specific violations did Atty. Alvarez commit?	Atty. Alvarez performed notarial acts without a valid commission, notarized documents lacking proper signatory identification, and failed to submit required documentation to the Clerk of Court. These actions directly contravened the Notarial Rules.
What penalties did the Supreme Court impose?	The Court suspended Atty. Alvarez from the practice of law for two years, revoked his notarial commission, and perpetually disqualified him from being commissioned as a notary public. These penalties reflect the severity of his violations.
Why is notarization considered important?	Notarization is not a mere formality but an act imbued with public interest. It converts a private document into a public document, making it admissible in evidence without further proof of authenticity, thus requiring strict compliance with the rules.
What is the role of a notary public?	A notary public is authorized to administer oaths, certify documents, and perform other acts specified by law. Their role is to prevent fraud and forgery, ensuring the integrity and authenticity of legal documents.
What does the Code of Professional Responsibility say about upholding the law?	The Code of Professional Responsibility mandates that lawyers uphold the constitution, obey the laws of the land, and promote respect for law and legal processes. Violations of the Notarial Rules reflect poorly on an attorney’s standing and ethics.
What must a lawyer do to have a suspension lifted?	A lawyer must file a motion, provide certifications from the Executive Judge and the IBP, and obtain a favorable recommendation from the OBC. The lifting of a suspension is not automatic upon expiration.
What is competent evidence of identity according to the Notarial Rules?	Competent evidence of identity refers to the means by which a notary public can verify the identity of a signatory, such as government-issued identification documents with a photograph and signature.

In conclusion, the Miranda, Jr. v. Alvarez, Sr. case serves as a stark reminder of the importance of upholding notarial duties and adhering to the ethical standards of the legal profession. The Supreme Court’s decision reinforces the principle that notaries public must strictly comply with the Notarial Rules and the Code of Professional Responsibility to maintain public trust and ensure the integrity of legal documents.

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: Miranda, Jr. v. Alvarez, Sr., A.C. No. 12196, September 03, 2018