In Dr. Basilio Malvar v. Atty. Cora Jane P. Baleros, the Supreme Court addressed the administrative liability of a lawyer for falsification and violations of the Notarial Rules and the Code of Professional Responsibility. The Court found Atty. Baleros guilty of negligence in performing her duties as a notary public, specifically for notarizing a document without the affiant’s presence and for failing to properly record the notarial act in her registry. This decision underscores the importance of adhering to notarial duties and the potential consequences for neglecting these responsibilities, serving as a reminder to lawyers of their ethical obligations.
The Absent Affiant: Can a Notary Certify What They Don’t See?
The case arose from a complaint filed by Dr. Basilio Malvar against Atty. Cora Jane P. Baleros, alleging that she notarized an Application for Certification of Alienable and Disposable Land without his presence or consent, thereby facilitating its falsification. Dr. Malvar claimed he was in Manila on the date of the alleged notarization, attending to his duties as a physician. The central legal question was whether Atty. Baleros violated the Notarial Rules and the Code of Professional Responsibility by notarizing the document under these circumstances.
The IBP-CBD investigated the allegations and found Atty. Baleros negligent in her duties as a notary public, leading to a recommendation for disciplinary action. Commissioner Esquivel correctly recognized that the disbarment proceedings are sui generis, belonging to their own unique category distinct from civil or criminal actions. She noted it was prudent for an administrative body like the IBP-CBD to avoid pre-empting the course of action of regular courts, thereby preventing contradictory findings.
The Court aligned with the IBP Board of Governors’ resolution, affirming that Atty. Baleros had indeed violated several provisions of the Notarial Rules. Dr. Malvar presented evidence, including patient records, indicating his presence at De Los Santos Medical Center in Quezon City on the day the document was purportedly notarized. This evidence cast significant doubt on Atty. Baleros’ claim that Dr. Malvar had personally appeared before her.
The significance of the affiant’s physical presence cannot be overstated. As jurisprudence emphasizes, a jurat necessitates the affiant’s physical presence and signature before the notary public. The Court underscored that Atty. Baleros transgressed Section 2(b) of Rule IV of the Notarial Rules, which explicitly prohibits a notary from performing a notarial act if the signatory is not personally present at the time of notarization or is not personally known to the notary. The provision states:
SEC. 2. Prohibitions.
x x x x
(b) A person shall not perform a notarial act if the person involved as signatory to the instrument or document –
Further compounding the matter, Atty. Baleros failed to require Dr. Malvar to present competent evidence of identity, such as an identification card with a photograph and signature. While the Notarial Rules allow for an exception if the notary personally knows the affiant, Atty. Baleros did not convincingly demonstrate such personal knowledge. As the Court has previously indicated in Jandoquile v. Atty. Revilla, Jr., the presentation of an affiant’s competent proof of identification is excused if the notary public personally knows the affiant.
Even more troubling was Atty. Baleros’ failure to properly record the notarized document in her notarial register, assigning the same details to two distinct documents. As a result, the Application for Certification of Alienable and Disposable Land was nowhere to be found in her notarial registry. This failure contravened Section 2 of Rule VI of the Notarial Rules, which mandates that for every notarial act, the notary must record specific details in the notarial register at the time of notarization. It further states:
SEC. 2. Entries in the Notarial Register.
(a) For every notarial act, the notary shall record in the notarial register at the time of notarization the following:
(10) x x x x
(e) The notary public shall give to each instrument or document executed, sworn to, or acknowledged before him a number corresponding to the one in his register, and shall also state on the instrument or document the page/s of his register on which the same is recorded. No blank line shall be left between entries.
x x x x (Emphasis ours)
The Court further condemned Atty. Baleros’ delegation of her notarial function of recording entries to her staff, which is a clear violation of the Notarial Rules and Canon 9, Rule 9.01 of the CPR. This rule explicitly states that a lawyer shall not delegate to any unqualified person the performance of tasks that may only be performed by a member of the Bar in good standing. The case underscores the indispensable role of notaries public in ensuring the integrity of notarized documents, as highlighted in Agagon v. Atty. Bustamante:
It is through the act of notarization that a private document is converted into a public one, making it admissible in evidence without need of preliminary proof of authenticity and due execution.
Given these violations, the Court found Atty. Baleros guilty of violating the 2004 Rules on Notarial Practice, the Code of Professional Responsibility, and the Lawyer’s Oath. As a consequence, her notarial commission was revoked, she was disqualified from reappointment as Notary Public for two years, and she was suspended from the practice of law for six months. The Court clarified that the acts committed went beyond mere lapses and constituted a breach of the CPR, particularly Canon 9, Rule 9.01 and Canon 1, Rule 1.01, which prohibits lawyers from engaging in unlawful, dishonest, immoral, or deceitful conduct.
FAQs
| What was the central issue in this case? | The central issue was whether Atty. Baleros violated the Notarial Rules and the Code of Professional Responsibility by notarizing a document without the affiant’s presence and by failing to properly record the notarial act. |
| What did the Court find regarding Atty. Baleros’ actions? | The Court found Atty. Baleros guilty of violating the 2004 Rules on Notarial Practice, the Code of Professional Responsibility, and the Lawyer’s Oath due to her negligence and failure to comply with notarial duties. |
| What sanctions were imposed on Atty. Baleros? | Atty. Baleros’ notarial commission was revoked, she was disqualified from reappointment as a Notary Public for two years, and she was suspended from the practice of law for six months. |
| Why is the affiant’s presence important during notarization? | The affiant’s presence ensures that the notary can properly verify the affiant’s identity and witness the voluntary signing of the document. This is crucial for the integrity and authenticity of the notarized document. |
| What is the role of the notarial register? | The notarial register serves as an official record of all notarial acts performed by a notary public. Accurate and complete entries are essential for maintaining the integrity and reliability of notarized documents. |
| Can a notary public delegate notarial duties to staff? | No, a notary public cannot delegate notarial duties, such as recording entries in the notarial register, to staff. These duties must be performed personally by the notary to ensure compliance with the Notarial Rules. |
| What ethical rules did Atty. Baleros violate? | Atty. Baleros violated Canon 9, Rule 9.01 and Canon 1, Rule 1.01 of the Code of Professional Responsibility, which prohibit lawyers from delegating legal tasks to unqualified individuals and from engaging in unlawful, dishonest, or deceitful conduct. |
| What is the difference between a ‘jurat’ and an acknowledgment? | A ‘jurat’ certifies that the document was sworn to and subscribed before the notary, while an acknowledgment is a declaration by the person executing a deed that it is their act. The rules for each differ slightly, especially regarding retention of copies. |
This case serves as a crucial reminder to notaries public of their solemn duties and the importance of adhering to the Notarial Rules and the Code of Professional Responsibility. The consequences for negligence and misconduct can be severe, impacting not only their professional standing but also 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: DR. BASILIO MALVAR, COMPLAINANT, VS. ATTY. CORA JANE P. BALEROS, RESPONDENT, A.C. No. 11346, March 08, 2017
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