The Supreme Court held that a lawyer who performs notarial acts without a valid commission violates the 2004 Rules on Notarial Practice and the Code of Professional Responsibility. This ruling reinforces the importance of upholding ethical standards within the legal profession, ensuring that only authorized individuals perform notarial functions. The Court emphasized that notarization is not a mere formality but an act imbued with public interest, requiring strict compliance with the rules. This decision serves as a reminder to all lawyers of their duty to obey the law and maintain the integrity of the legal profession. The penalty includes suspension from law practice, revocation of notarial commission, and disqualification from future commissions.

A Notary’s Neglect: When an Expired Commission Leads to Legal Consequences

This case revolves around a complaint filed by Norberto S. Collantes against Atty. Anselmo B. Mabuti for violating the 2004 Rules on Notarial Practice and his duties as a lawyer. The core issue stemmed from Atty. Mabuti’s notarization of a “Memorandum of Agreement” on October 10, 2009, in Manila, despite not being commissioned as a notary public in the city for the years 2008-2009. This discrepancy was confirmed by a Certification from the Notarial Section of the Regional Trial Court of Manila. Atty. Mabuti denied the allegations, questioned the complainant’s motives, and invoked double jeopardy, citing a previous IBP case. The Supreme Court was tasked to determine whether the IBP correctly found Atty. Mabuti liable for violating the 2004 Notarial Rules, thereby compromising the integrity of the notarial process.

The Supreme Court affirmed the IBP’s findings with some modifications, emphasizing the crucial role of notarization in converting private documents into public documents, thus making them admissible as evidence without further proof. The court underscored that “[n]otarization by a notary public converts a private document into a public document making it admissible in evidence without further proof of its authenticity.” This underscores the **full faith and credit** accorded to notarial documents under the law. Notaries public are therefore obligated to observe the basic requirements in performing their duties with utmost care. Only those who are qualified and authorized may act as notaries public; those who are not must be prevented from imposing upon the public and the courts.

The requirements for a commission as a notary public are not mere formalities. Where a member of the Philippine Bar notarizes a document without proper authorization, the act is considered reprehensible and may lead to disciplinary action. As the Court stated, “[w]here the notarization of a document is done by a member of the Philippine Bar at a time when he has no authorization or commission to do so, an act which the Court has characterized as reprehensible, constituting as it does, not only malpractice, but also the crime of falsification of public documents, the offender may be subjected to disciplinary action.” This highlights the seriousness with which the Court views unauthorized notarial acts.

In this particular case, the IBP found that Atty. Mabuti notarized the “Memorandum of Agreement” without a valid notarial commission. This was confirmed by the Notarial Section of the Office of the Clerk of Court and Ex-Officio Sheriff of the Regional Trial Court of Manila. The Court thus concluded that, by knowingly performing notarial acts without authorization, Atty. Mabuti violated the Notarial Rules and should be held administratively liable. A lawyer who performs a notarial act without a commission violates the lawyer’s oath to obey the laws, specifically the Notarial Rules. Such actions constitute malpractice and may even amount to falsification of public documents.

The lawyer’s transgressions of the Notarial Rules also affect their standing as a lawyer. In Virtusio v. Virtusio, the Court observed that “[a] lawyer who notarizes a document without a proper commission violates his lawyer’s oath to obey the law. He makes it appear that he is commissioned when he is not. He thus indulges in deliberate falsehood that the lawyer’s oath forbids.” This violation falls under Rule 1.01 of Canon 1 and Canon 7 of the Code of Professional Responsibility, which requires lawyers to uphold the Constitution, obey the laws, and promote respect for law and legal processes. It also prohibits lawyers from engaging in unlawful, dishonest, immoral, or deceitful conduct, and requires them to uphold the integrity and dignity of the legal profession.

While the Court agreed with the IBP’s findings on Atty. Mabuti’s administrative liability, it modified the recommended penalty. The IBP Board of Governors had recommended perpetual disqualification from being commissioned as a Notary Public, citing a previous infraction in CBD Case No. 11-3036. However, the Court noted that the resolution in the said case had not yet been forwarded for approval. As case law explains, the factual findings and recommendations of the IBP are recommendatory and subject to review by the Court. Pending approval by the Court, the findings and resolution in CBD Case No. 11-3036 are only recommendatory and cannot serve to aggravate the penalty in this case.

In Torres v. Dalangin, the Supreme Court clarified that “[i]t is the Supreme Court, not the IBP, which has the constitutionally mandated duty to discipline lawyers. The factual findings of the IBP can only be recommendatory. Its recommended penalties are also, by their nature, recommendatory.” This reiterates that the final disciplinary authority rests with the Supreme Court, ensuring that all penalties are just and appropriate.

The Court imposed the following penalties on Atty. Mabuti: suspension from the practice of law for one year, immediate revocation of his notarial commission (if any), and disqualification from being commissioned as a notary public for one year. These penalties align with prevailing jurisprudence and serve as a deterrent against future violations of the Notarial Rules. The ruling emphasized that unauthorized notarization not only undermines the integrity of public documents but also reflects poorly on the legal profession as a whole.

FAQs

What was the central issue in this case?	The central issue was whether Atty. Mabuti violated the 2004 Rules on Notarial Practice by notarizing a document without a valid commission, and the corresponding disciplinary action to be imposed.
What did the IBP recommend?	The IBP initially recommended a two-year suspension from the practice of law and perpetual disqualification from being commissioned as a Notary Public. However, the Supreme Court modified the perpetual disqualification due to procedural reasons.
What was the Supreme Court’s ruling?	The Supreme Court found Atty. Mabuti guilty and imposed a one-year suspension from the practice of law, immediate revocation of his notarial commission (if any), and a one-year disqualification from being commissioned as a notary public.
Why is notarization important?	Notarization converts a private document into a public document, making it admissible as evidence without further proof of authenticity. This process is invested with substantive public interest.
What happens if a lawyer notarizes a document without a commission?	A lawyer who notarizes a document without a valid commission violates their oath to obey the law and may be subjected to disciplinary action, including suspension and disqualification from future commissions.
What provisions of the Code of Professional Responsibility did Atty. Mabuti violate?	Atty. Mabuti violated Rule 1.01 of Canon 1 (unlawful, dishonest, or deceitful conduct) and Canon 7 (upholding the integrity and dignity of the legal profession) of the Code of Professional Responsibility.
Can the IBP’s recommendations be directly implemented?	No, the IBP’s findings and recommendations are recommendatory and subject to review and approval by the Supreme Court, which has the final authority to discipline lawyers.
What is the effect of the ruling on lawyers?	The ruling serves as a reminder to lawyers of their duty to comply with the Notarial Rules and to ensure they have a valid commission before performing notarial acts. Failure to do so can result in serious disciplinary consequences.

This case highlights the importance of adhering to the rules governing notarial practice. The Supreme Court’s decision underscores the legal profession’s commitment to maintaining ethical standards and ensuring the integrity of legal processes. Lawyers must be vigilant in upholding their duties, as failure to do so can lead to significant penalties and damage the public’s trust in the legal system.

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: NORBERTO S. COLLANTES v. ATTY. ANSELMO B. MABUTI, A.C. No. 9917, January 14, 2019