The Supreme Court ruled that a lawyer who fails to properly perform their notarial duties, such as requiring the affiant to sign in their presence or falsely certifying the presence of a residence certificate, is guilty of gross misconduct. This decision emphasizes the importance of a notary public’s role in ensuring the authenticity and validity of documents. The Court underscored that notaries public must observe utmost care in complying with the elementary formalities in the performance of their duties, as a notarial document is by law entitled to full faith and credit upon its face.

Affidavit Fiasco: When a Notary’s Negligence Undermines Legal Ethics

This case revolves around a complaint filed by Octavio J. Traya, Jr., the Municipal Mayor of Abuyog, Leyte, against Atty. Francisco M. Villamor. The core issue stems from an affidavit purportedly executed by one Rolando de la Cruz and notarized by Atty. Villamor. The Mayor alleged that the affidavit was spurious, and that Atty. Villamor had previously been reprimanded for similar lapses in his notarial duties. The document was part of an application for a building permit. The controversy highlights the critical role of a notary public in verifying the identity of individuals and ensuring the validity of documents presented for notarization.

The factual backdrop involves Engineer Cynthia de la Cruz Catalya filing for a building permit to renovate a building on land owned by her brother, Rolando C. de la Cruz, who resided abroad. One of the requirements was an affidavit from the lot owner. An affidavit was prepared stating that de la Cruz resided in Loyonsawang, Abuyog, Leyte, and attesting to the facts required by the Housing and Land Use Regulatory Board. Atty. Villamor notarized this affidavit, despite de la Cruz residing abroad, prompting the complaint.

Atty. Villamor explained that a “Chinese mestizo” appeared in his office, claiming to be Rolando de la Cruz. According to Atty. Villamor, the individual presented a signed affidavit, and when asked for his Residence Certificate, he stated that he had already indicated the serial number in the jurat. Atty. Villamor claimed he was satisfied with these assurances and notarized the affidavit. The Integrated Bar of the Philippines (IBP) investigated the case and found that Atty. Villamor failed to properly verify the identity of the person appearing before him.

The IBP Committee on Bar Discipline concluded that Atty. Villamor violated the legal ethics of a notary public. Commissioner Wifredo E. J. E. Reyes recommended suspending Atty. Villamor’s commission as notary public for one year. The IBP Board of Governors adopted this recommendation, finding that Atty. Villamor failed to observe the proper procedure in determining if the person appearing before him was the same person who executed the document.

The Supreme Court referenced the case of Realino v. Villamor, where Atty. Villamor had previously been admonished for similar conduct. The Court reiterated the duty of a notarial officer to ensure that a document presented for notarization is signed in their presence. This requirement ensures the authenticity of the document and prevents fraud. The Court in Realino v. Villamor stated:

[a] notarial document is by law entitled to full faith and credit upon its face, and for this reason, notaries public must observe utmost care in complying with the elementary formalities in the performance of their duties.”

In this case, Atty. Villamor admitted that the affidavit was already signed when presented to him, demonstrating a clear failure to fulfill his duty as a notary public. Furthermore, the Residence Certificate Number on the affidavit belonged to de la Cruz’s brother-in-law, Benjamin Catalya. This discrepancy further underscored Atty. Villamor’s negligence and potential misconduct. Making it appear in the acknowledgment or jurat of a contract that the affiant exhibited a residence certificate when in fact he did not, the notary is guilty of misconduct. Such misrepresentation is unquestionably censurable and justifies disciplinary action against him as a member of the bar and as a notary public. For he violated the mandate in his attorney’s oath to “obey the law” and “do no falsehood.”

The Court emphasized the seriousness of a lawyer’s role as a notary public, stating that it is a position of public trust. The act of notarization carries significant legal weight, and notaries public must adhere to the highest standards of diligence and integrity. As the Supreme Court noted:

[A] lawyer commissioned as notary public . . . is mandated to subscribe to the sacred duties appertaining to his office, such duties being dictated by public policy impressed with public interest. Faithful observance and utmost respect of the legal solemnity of the oath in an acknowledgment or jurat is sacrosanct. Simply put, such responsibility is incumbent upon and failing therein, he must now accept the commensurate consequences of his professional indiscretion.

The Court dismissed Atty. Villamor’s argument that the complaint was filed out of ill-motive due to his previous cases against the complainant. The Court noted that the motive behind the complaint was irrelevant to the merits of the case. The focus was on Atty. Villamor’s conduct as a notary public and whether he had violated his duties.

Given Atty. Villamor’s prior reprimand for similar misconduct, the Court found that he had demonstrated a clear disregard for his notarial duties. Therefore, the Court found Atty. Villamor guilty of gross misconduct and permanently disqualified him from being commissioned as a notary public.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Francisco M. Villamor was guilty of misconduct for failing to properly perform his duties as a notary public when notarizing an affidavit.
What did Atty. Villamor do wrong?	Atty. Villamor notarized an affidavit without ensuring the affiant signed it in his presence and falsely certified that the affiant presented a residence certificate.
What is the duty of a notary public?	A notary public has the duty to ensure that documents presented for notarization are signed in their presence and to properly verify the identity of the individuals involved.
What was the Supreme Court’s ruling?	The Supreme Court found Atty. Villamor guilty of gross misconduct and permanently disqualified him from being commissioned as a notary public.
Why was Atty. Villamor’s conduct considered gross misconduct?	Atty. Villamor’s conduct was considered gross misconduct because he violated his attorney’s oath, failed to uphold the integrity of the notarial process, and had previously been reprimanded for similar offenses.
What is the significance of a notary public’s role?	The role of a notary public is significant because notarization lends authenticity and credibility to documents, and it is a position of public trust.
Does the motive of the complainant affect the outcome of the case?	No, the Court held that the motive of the complainant in filing the case was immaterial to the merits of the case and the assessment of the respondent’s conduct.
What does this case mean for other notaries public?	This case serves as a reminder to notaries public to strictly adhere to their duties and responsibilities, and to exercise utmost care in verifying the identity of individuals and the authenticity of documents.

This case serves as a significant reminder to all lawyers acting as notaries public to uphold the highest standards of diligence and integrity in their notarial duties. Failure to do so can result in severe consequences, including disqualification from being commissioned as a notary public. The Supreme Court’s decision underscores the importance of maintaining public trust in the legal profession and ensuring the authenticity of legal documents.

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: Octavio J. Traya, Jr. v. Atty. Francisco M. Villamor, A.C. No. 4595, February 6, 2004