The Supreme Court held that a lawyer who notarizes a document without the personal appearance of the parties involved violates the Notarial Law and the Code of Professional Responsibility. Such actions undermine the integrity of the notarization process, which is imbued with public interest, and can lead to suspension from the practice of law, revocation of notarial commission, and permanent disqualification from being commissioned as a notary public. This ruling underscores the importance of adhering to the required formalities in notarizing documents to maintain public trust and confidence in the legal profession.

Forged Signatures and Broken Trust: When a Notary Public Fails His Duty

This case arose from a complaint filed by Nenita De Guzman Ferguson against Atty. Salvador P. Ramos, alleging falsification, violation of notarial law, and engaging in private practice while employed in government service. The core issue revolved around a deed of sale where the complainant alleged that her signature and that of her husband were forged, and that Atty. Ramos notarized the deed without their presence. While Atty. Ramos denied notarizing the specific deed in question, he admitted to notarizing another deed of sale for the same property but could not provide evidence that the parties involved were present.

The Supreme Court, in its decision, emphasized the importance of the affiant’s personal appearance before a notary public, as mandated by Section 1 of Public Act No. 2103, also known as the Notarial Law, and Section 2 (b), Rule IV of the Rules on Notarial Practice of 2004. These rules are in place to ensure the genuineness of the signature and to verify the identity of the person executing the document. This verification is critical because notarization transforms a private document into a public document, giving it evidentiary weight and allowing it to be admitted in court without further proof of its execution and delivery.

The acknowledgment shall be before a notary public or an officer duly authorized by law of the country to take acknowledgements of instruments or documents in the place where the act is done. The notary public or the officer taking the acknowledgment shall certify that the person acknowledging the instrument or document is known to him and that he is the same person who executed it, acknowledged that the same is his free act and deed. The certificate shall be made under the official seal, if he is required by law to keep a seal, and if not, his certificate shall so state.

In this case, the complainant presented evidence showing that her husband was not in the Philippines on the date Atty. Ramos claimed to have notarized the “genuine” deed of sale. This evidence directly contradicted Atty. Ramos’ claim and demonstrated a clear violation of the Notarial Law. Moreover, the Court noted the irregularity of both the allegedly forged deed and the admitted “genuine” deed bearing the same document number, page number, and book number in Atty. Ramos’ notarial registry. This raised further questions about the integrity of Atty. Ramos’ notarial practices.

The Supreme Court cited Gonzales v. Ramos to underscore the significance of notarization: “By affixing his notarial seal on the instrument, the respondent converted the Deed of Absolute Sale, from a private document into a public document. Such act is no empty gesture.” The Court held that by failing to ensure the personal appearance of the parties, Atty. Ramos not only violated the Notarial Law but also Canon 1 and Rule 1.01 of the Code of Professional Responsibility, which require lawyers to uphold the Constitution, obey the laws, and avoid engaging in unlawful, dishonest, or deceitful conduct. The Code of Professional Responsibility demands that lawyers act with the highest standards of integrity and fidelity.

The Court also emphasized that a lawyer commissioned as a notary public must exercise utmost care in performing the duties of the office. The act of notarization carries a presumption of regularity, and courts and the public rely on the authenticity of notarized documents. Thus, any deviation from the prescribed procedures undermines public trust and confidence in the legal system. Breaching this trust has serious consequences for the lawyer involved.

The Court found that Atty. Ramos’ actions warranted disciplinary measures, aligning with previous cases such as Santuyo v. Atty. Hidalgo and Ocampo-Ingcoco v. Atty. Yrreverre, Jr., where similar violations led to penalties ranging from suspension of notarial commission to suspension from the practice of law. Given the gravity of the violations and the potential for harm to the public, the Supreme Court ultimately decided to suspend Atty. Ramos from the practice of law for six months, revoke his notarial commission, and permanently bar him from being commissioned as a notary public.

Furthermore, the Court deemed it necessary to refer the matter to the Bureau of Internal Revenue (BIR) for an assessment of the correct tax implications and for investigation into potential criminal liability under the National Internal Revenue Code, given the presence of two different deeds of sale with varying amounts. This referral highlights the broader implications of the falsification and the potential for tax evasion, reinforcing the importance of thorough investigation and prosecution.

This case serves as a reminder to all lawyers, especially those commissioned as notaries public, to strictly adhere to the rules and regulations governing notarial practice. The integrity of the legal profession depends on the ethical conduct of its members, and any deviation from these standards can have serious consequences for both the individual lawyer and the public they serve.

FAQs

What was the key issue in this case?	The central issue was whether Atty. Ramos violated the Notarial Law and the Code of Professional Responsibility by notarizing a deed of sale without the personal appearance of all parties involved. The Supreme Court addressed the importance of personal appearance in the notarization process and the consequences of failing to adhere to established procedures.
What is the importance of notarization?	Notarization transforms a private document into a public document, giving it evidentiary weight. Courts and the public rely on the authenticity of notarized documents, making the process crucial for maintaining public trust in the legal system.
What are the requirements for proper notarization?	The notary public must ensure the personal appearance of the signatories, verify their identity, and certify that they executed the document voluntarily. These requirements are outlined in the Notarial Law and the Rules on Notarial Practice.
What happens if a notary public fails to comply with these requirements?	A notary public who fails to comply with the requirements may face disciplinary actions, including suspension from the practice of law, revocation of notarial commission, and permanent disqualification from being commissioned as a notary public. Criminal charges may also be possible depending on the severity.
What is the role of the Code of Professional Responsibility in this case?	The Code of Professional Responsibility requires lawyers to uphold the law, avoid dishonest conduct, and maintain the integrity of the legal profession. Atty. Ramos’ actions were found to have violated these ethical standards.
Why was the case referred to the Bureau of Internal Revenue (BIR)?	The case was referred to the BIR due to discrepancies in the deeds of sale and the potential for tax evasion. The BIR was tasked to assess the correct tax implications and investigate any criminal liability under the National Internal Revenue Code.
What was the final ruling in this case?	The Supreme Court found Atty. Ramos guilty of violating the Notarial Practice rules and the Code of Professional Responsibility. He was suspended from the practice of law for six months, his notarial commission was revoked, and he was permanently barred from being commissioned as a notary public.
What is the key takeaway from this case for lawyers?	Lawyers must strictly adhere to the rules and regulations governing notarial practice. Failure to do so can have serious consequences, including disciplinary actions and damage to their professional reputation.

This case underscores the importance of ethical conduct and adherence to legal standards for all members of the legal profession. By upholding the integrity of the notarization process, lawyers contribute to the fairness and reliability of 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: Nenita De Guzman Ferguson v. Atty. Salvador P. Ramos, A.C. No. 9209, April 18, 2017