The Supreme Court held that a notary public’s failure to safeguard their notarial seal and books, leading to the notarization of a fraudulent document, constitutes gross negligence. This decision underscores the high standard of care required of notaries public in the Philippines. It emphasizes the potential for severe consequences, including the loss of property rights, that can arise from a notary’s negligence, reinforcing the importance of diligence and integrity in the performance of notarial duties. This case serves as a stern warning to lawyers commissioned as notaries, highlighting their duty to preserve public trust and confidence in the integrity of notarized documents.

A Forged Deed & A Negligent Notary: Can a Lawyer be Held Liable?

This case revolves around a Deed of Absolute Sale (Deed) purportedly executed by Spouses Benjamin and Perzidia Castelo in favor of Leonida Delen and Spouses Nestor and Julibel Delen. The Castelo heirs discovered that this Deed had been used to cancel their parents’ title to their family home. Shockingly, the Deed was notarized by Atty. Ronald Segundino C. Ching (Atty. Ching) after Perzidia Castelo had already passed away. Moreover, the Deed’s acknowledgment page revealed that only community tax certificates were presented instead of valid government-issued IDs, violating the 2004 Rules on Notarial Practice. The Castelo heirs filed an administrative case against Atty. Ching, alleging gross negligence in notarizing the Deed. Atty. Ching denied notarizing the document, claiming forgery. However, the IBP found that the Deed was indeed recorded in Atty. Ching’s notarial books.

The central legal question before the Supreme Court was whether Atty. Ching was liable for negligence in the performance of his duties as a notary public. The Court had to determine if his actions, or lack thereof, constituted a breach of the standard of care required of notaries, and what the appropriate disciplinary measures should be.

The Supreme Court, in its analysis, emphasized the crucial role of a notary public in ensuring the integrity of public documents. The Court quoted Bartolome v. Basilio, stating that “a notarized document is entitled to full faith and credit upon its face. Thus, a notary public should observe utmost care in performing his duties to preserve public confidence in the integrity of notarized documents.” The Court further discussed the elements of gross negligence in the context of notarial duties. It stated that gross negligence encompasses the failure to observe any of the requirements of a notarial act under the 2004 Rules on Notarial Practice, potentially jeopardizing a person’s rights to liberty or property.

The Court cited the case of Spouses Santuyo v. Hidalgo, which involved a similar situation where a notary public was found negligent for allowing office secretaries to make entries in the notarial registry. The Court highlighted the following excerpt from that case:

Considering that the responsibility attached to a notary public is sensitive respondent should have been more discreet and cautious in the execution of his duties as such and should not have wholly entrusted everything to the secretaries; otherwise he should not have been commissioned as notary public.

Building on this principle, the Court examined Atty. Ching’s defense of forgery. While it acknowledged the possibility that Atty. Ching’s signature on the Deed may have been forged, the Court found it inexcusable that the Deed was recorded in his notarial books. The Court stressed that Atty. Ching failed to ensure that only documents he personally signed and sealed, after verifying their completeness and the signatories’ identities, were included in his register. This failure, the Court reasoned, demonstrated a lack of due diligence in securing his notarial equipment and preventing unauthorized notarization.

The Supreme Court emphasized the potential consequences of Atty. Ching’s negligence. The Court acknowledged that this negligence had put the Castelo heirs at risk of losing their family home. The Court underscored the sentimental value of the property, stating that “one can just imagine the pain and anguish of losing a home to unscrupulous people who were able to transfer title to such property and file a case in court in order to eject them – all because of the negligence of a notary public in keeping his notarial books and instruments from falling into the wrong hands.”

Ultimately, the Court found Atty. Ching guilty of gross negligence in the performance of his duties as a notary public. The Court adopted the IBP’s recommendation, revoking Atty. Ching’s notarial commission, perpetually disqualifying him from being commissioned as a notary public, and suspending him from the practice of law for six months. The Court issued a stern warning, stating that any repetition of similar acts would be dealt with more severely. In its closing remarks, the Court reiterated that the duty to public service and the administration of public justice should be the primary consideration in the practice of law, especially when serving as a notary public.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Ching was negligent in his duties as a notary public, specifically regarding a Deed of Absolute Sale that was allegedly forged and notarized despite the death of one of the signatories.
What did the IBP recommend?	The IBP recommended that Atty. Ching’s notarial commission be revoked, that he be perpetually disqualified from being commissioned as a notary public, and that he be suspended from the practice of law for six months.
What was the basis of the Supreme Court’s decision?	The Supreme Court based its decision on Atty. Ching’s failure to properly secure his notarial books and equipment, which allowed a forged Deed to be recorded, thus constituting gross negligence.
What does it mean to be a notary public?	A notary public is a public officer authorized to administer oaths, certify documents, and perform other acts, helping to prevent fraud and ensure the integrity of transactions. They play a crucial role in the legal system.
What is the penalty for gross negligence as a notary public?	The penalty can include revocation of the notarial commission, perpetual disqualification from being commissioned as a notary public, suspension from the practice of law, and other disciplinary actions.
What is the significance of a notarial seal?	A notarial seal authenticates a document and signifies that it was signed before a notary public, adding a layer of legal credibility and preventing fraud.
What are the responsibilities of a notary public?	Notaries public are responsible for verifying the identities of signatories, ensuring that they understand the contents of the document, and properly recording notarial acts in their notarial books.
How does this case affect other notaries public?	This case serves as a reminder to notaries public to exercise utmost care and diligence in performing their duties, safeguarding their notarial equipment, and ensuring the integrity of all notarized documents.
Can a notary public be held liable for forgery?	While a notary may not be directly liable for forgery committed by another party, they can be held liable for negligence if their actions or omissions facilitated the forgery.

This case serves as a stark reminder to all notaries public of the significant responsibilities entrusted to them. The ruling highlights the importance of safeguarding notarial books and seals and reinforces the principle that negligence in performing notarial duties can have severe consequences, affecting not only the notary but also the public they serve.

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: ORLANDO S. CASTELO, ET AL. VS. ATTY. RONALD SEGUNDINO C. CHING, A.C. No. 11165, February 06, 2017