In Mercedita De Jesus v. Atty. Juvy Mell Sanchez-Malit, the Supreme Court addressed the serious issue of notarial misconduct, where a lawyer notarized documents containing false information and lacking proper signatures. The Court emphasized that notarization is a solemn act imbued with public interest and that notaries public must perform their duties with utmost care. As a result, the Court suspended Atty. Sanchez-Malit from the practice of law for one year and permanently disqualified her from being commissioned as a notary public, highlighting the severe consequences for those who undermine the integrity of the notarization process.

Breach of Trust: Can a Lawyer Be Disciplined for Notarizing False Documents?

This case arose from a disbarment complaint filed by Mercedita De Jesus against Atty. Juvy Mell Sanchez-Malit, accusing her of grave misconduct, dishonesty, and malpractice. The central issue revolved around several notarized documents prepared by Atty. Sanchez-Malit that contained false information or lacked the necessary signatures. Specifically, De Jesus alleged that Atty. Sanchez-Malit notarized a real estate mortgage falsely identifying De Jesus as the owner of a public market stall, despite knowing it was government-owned. Furthermore, the complaint included instances where Atty. Sanchez-Malit notarized contracts without the signatures of all parties involved and failed to advise De Jesus on the legal implications of a sale agreement involving a property covered by a Certificate of Land Ownership Award (CLOA).

In response, Atty. Sanchez-Malit defended her actions by claiming that the errors in the real estate mortgage were inadvertent and that De Jesus was technically the owner of the market stall under a Build-Operate-Transfer contract. She also argued that the unsigned lease agreement was a replacement copy prepared at De Jesus’s request and that De Jesus, as an experienced realty broker, did not require advice on the CLOA property. However, the Integrated Bar of the Philippines (IBP) found Atty. Sanchez-Malit liable for violating her oath as a notary public and for violating Canons of the Code of Professional Responsibility. The IBP recommended a one-year suspension from the practice of law, a decision that was eventually reviewed and modified by the Supreme Court.

The Supreme Court began by addressing Atty. Sanchez-Malit’s procedural objections, particularly her claim that additional documents submitted by De Jesus were inadmissible because they were obtained in violation of the Rules on Notarial Practice. The Court referenced Tolentino v. Mendoza, where a similar argument was rejected, stating that the Rules on Notarial Law do not contain any provision declaring the inadmissibility of documents obtained in violation thereof. Therefore, the IBP correctly considered the additional notarized documents submitted by the complainant as evidence. The Court also dismissed the argument that the complainant’s motion was a supplemental pleading, clarifying that it merely served to strengthen the basis of her complaint.

The Court then addressed the substantive issues, emphasizing the critical role of a notary public in the legal system. The Supreme Court has consistently held that “notarization is not an empty, meaningless routinary act, but one invested with substantive public interest.” Notarization transforms a private document into a public document, making it admissible as evidence without further proof of its authenticity. Because of this, notaries public must observe the basic requirements of their notarial duties with utmost care; failure to do so undermines public confidence in notarized documents.

In this case, the Court found that Atty. Sanchez-Malit knowingly notarized a false statement in the real estate mortgage, violating Canon 1 and Rules 1.01 and 1.02 of the Code of Professional Responsibility. Canon 1 states, “A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law and for legal processes.” Rule 1.01 further clarifies that “[a] lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct,” and Rule 1.02 states that “[a] lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system.” The fact that Atty. Sanchez-Malit was aware that the complainant was not the owner of the mortgaged property, yet proceeded to notarize the document, demonstrated a clear breach of these ethical standards.

The Court also addressed the issue of the unsigned lease agreement and the numerous other documents notarized by Atty. Sanchez-Malit without proper signatures. It underscored the duty of a notarial officer to ensure that a document is signed in their presence. As highlighted in Realino v. Villamor, “A notary public should not notarize a document unless the persons who signed it are the very same ones who executed it and who personally appeared before the said notary public to attest to the contents and truth of what are stated therein.” By acknowledging that parties personally came and appeared before her when they had not, Atty. Sanchez-Malit violated Rule 10.01 of the Code of Professional Responsibility, which prohibits lawyers from making or consenting to any falsehood.

Considering the gravity of the misconduct, the Court determined that Atty. Sanchez-Malit was unfit to continue serving as a notary public. However, while acknowledging that disbarment is an option in cases of severe misconduct, the Court opted for a less severe penalty, emphasizing that “the Court will not disbar a lawyer where a lesser penalty will suffice to accomplish the desired end.” The Court found that Atty. Sanchez-Malit’s blatant disregard of her basic duties as a notary public warranted suspension from the practice of law and perpetual disqualification from being commissioned as a notary public.

FAQs

What was the central issue in this case?	The main issue was whether Atty. Sanchez-Malit committed misconduct by notarizing documents containing false information and lacking proper signatures, thereby violating her oath as a lawyer and notary public.
What specific acts of misconduct were alleged against Atty. Sanchez-Malit?	The allegations included notarizing a real estate mortgage with false ownership information, notarizing contracts without all parties’ signatures, and failing to advise a client on the legal implications of a property sale.
What did the Integrated Bar of the Philippines (IBP) recommend?	The IBP recommended that Atty. Sanchez-Malit be suspended from the practice of law for one year and that her notarial commission be revoked.
What was the Supreme Court’s ruling in this case?	The Supreme Court found Atty. Sanchez-Malit guilty of violating the Code of Professional Responsibility and her oath as a notary public. She was suspended from the practice of law for one year and perpetually disqualified from being a notary public.
Why is notarization considered a solemn act?	Notarization converts a private document into a public one, making it admissible in court without further proof of authenticity. This places a high degree of trust and responsibility on notaries public.
What ethical rules did Atty. Sanchez-Malit violate?	She violated Canon 1 and Rules 1.01, 1.02, and 10.01 of the Code of Professional Responsibility, which require lawyers to uphold the law, act honestly, and avoid falsehoods.
What is the significance of this ruling for notaries public?	This ruling underscores the importance of diligence and honesty in performing notarial duties. Notaries public must ensure the accuracy and completeness of documents they notarize.
Can documents obtained in violation of notarial rules be admitted as evidence?	Yes, the Court clarified that the Rules on Notarial Practice do not explicitly prohibit the admission of documents obtained in violation of its provisions.

The Supreme Court’s decision in De Jesus v. Sanchez-Malit serves as a potent reminder to lawyers of their ethical obligations, especially when serving as notaries public. The integrity of the legal system depends on the faithful performance of these duties, and any deviation can result in severe professional consequences. This ruling reinforces the importance of upholding the law, acting with honesty, and ensuring the accuracy and completeness of notarized documents.

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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: MERCEDITA DE JESUS VS. ATTY. JUVY MELL SANCHEZ-MALIT, A.C. No. 6470, July 08, 2014