The Supreme Court’s decision in Atty. Benigno T. Bartolome v. Atty. Christopher A. Basilio underscores the critical importance of a notary public’s duties and responsibilities. The Court found Atty. Basilio guilty of violating the 2004 Rules on Notarial Practice and the Code of Professional Responsibility for notarizing a document with an incomplete or false certificate, failing to properly identify a signatory, and not recording the notarial act in his register. This ruling reinforces the principle that notaries public must exercise utmost care in performing their duties to maintain public trust in the integrity of notarized documents.

When a Notary’s Negligence Undermines Document Integrity

This case began with a complaint filed by Atty. Benigno T. Bartolome against Atty. Christopher A. Basilio for alleged violations of the 2004 Rules on Notarial Practice. The core of the complaint revolved around a “Joint Affidavit of Non-Tenancy and Aggregate Landholdings” that Atty. Basilio notarized. The issue arose because one of the affiants, Loreto M. Tañedo, had already passed away before the document was notarized. Atty. Bartolome contended that Atty. Basilio’s actions constituted a breach of his duties as a notary public, thereby necessitating disciplinary action. This set the stage for a detailed investigation into the responsibilities and expected conduct of notaries public in the Philippines.

In his defense, Atty. Basilio admitted to notarizing the affidavit but claimed he had verified the identities of the individuals using their Social Security System (SSS) identification cards and driver’s licenses. He denied any knowledge that one of the persons appearing before him misrepresented himself as Tañedo or that Tañedo was already deceased. However, during the clarificatory hearing, Atty. Basilio conceded that he failed to record the document in his notarial book, submit a copy to the Regional Trial Court of Tarlac City (RTC), and have the notarization revoked or recalled. These admissions proved crucial in determining his liability. The Integrated Bar of the Philippines (IBP) subsequently investigated the matter and submitted a report and recommendation.

The IBP Investigating Commissioner found Atty. Basilio to have manifested gross negligence and complete disregard of the Notarial Rules. The Commissioner highlighted Atty. Basilio’s failure to indicate details of the SSS identification card and driver’s license in the Joint Affidavit, as required by Section 8, in relation to Section 6, Rule II of the Notarial Rules. Moreover, the Commissioner pointed out that Atty. Basilio did not record the notarial act in his notarial register, violating Section 2 (a), Rule VI of the Notarial Rules, nor did he submit a copy of the Joint Affidavit to the Clerk of Court of the RTC, contrary to Section 2 (h), Rule VI of the Notarial Rules. Based on these findings, the Investigating Commissioner recommended that Atty. Basilio’s notarial commission be revoked, that he be disqualified from obtaining a notarial commission for one year, and that he be suspended from the practice of law for six months. The IBP Board of Governors adopted and approved the Investigating Commissioner’s Report and Recommendation. Subsequently, Atty. Basilio’s motion for reconsideration was denied, leading to the elevation of the case to the Supreme Court.

The Supreme Court emphasized that the act of notarization carries significant public interest, requiring notaries public to exercise the highest degree of care in complying with their duties. The Court referenced Section 5 (b), Rule IV of the Notarial Rules, which prohibits a notary public from affixing an official signature or seal on a notarial certificate that is incomplete. The Court also examined the definition of a “Notarial Certificate” under Section 8, Rule II of the Notarial Rules, emphasizing that it must state the facts attested to by the notary public. Furthermore, the Court highlighted the importance of a jurat, which includes an attestation that the person presenting the document is personally known to the notary public or identified through competent evidence of identity, as defined by the Notarial Rules.

SEC. 6. Jurat. — “Jurat” refers to an act in which an individual on a single occasion:
(a) appears in person before the notary public and presents an instrument or document;
(b) is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules;
(c) signs the instrument or document in the presence of the notary; and
(d) takes an oath or affirmation before the notary public as to such instrument or document.

The Court found that Atty. Basilio violated Section 2 (b), Rule IV of the Notarial Rules, which prohibits the notarization of a document if the signatory is not personally known to the notary or has not been identified through competent evidence of identity. His failure to record the notarial act in his notarial register also contravened Section 2 (a), Rule VI of the Notarial Rules. These omissions undermined the integrity of the notarial process. The Supreme Court clarified that while Atty. Basilio’s failure to submit a copy of the Joint Affidavit to the Clerk of Court of the RTC was also noted, this requirement applies only to instruments acknowledged before the notary public, not to documents with a jurat.

The Court emphasized the duties of notaries public to inform themselves of the facts they certify and to avoid participating in illegal transactions. By failing to ensure that the person signing the document was indeed the person who executed it and personally appeared before him, Atty. Basilio permitted a falsehood, violating not only the Notarial Rules but also Rule 1.01, Canon 1 of the Code of Professional Responsibility, which states that a lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct. The Court cited Agbulos v. Viray to support its decision, stating that when a lawyer commissioned as a notary public fails to discharge his duties, he should face penalties, including revocation of his notarial commission, disqualification from being commissioned as a notary public, and suspension from the practice of law.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Basilio violated the Rules on Notarial Practice by notarizing a document without proper verification and recording, especially given that one of the affiants was already deceased.
What is a jurat and why is it important?	A jurat is an attestation that the person signing a document appeared before the notary, is known to the notary, or was identified through competent evidence, and took an oath or affirmation. It is important because it verifies the authenticity of the document and the signatory’s identity.
What are the consequences for a notary public who violates the Notarial Rules?	Consequences can include revocation of the notarial commission, disqualification from being commissioned as a notary public for a specified period, and suspension from the practice of law. The severity depends on the nature and extent of the violations.
What does “competent evidence of identity” mean under the Notarial Rules?	It refers to the identification of an individual based on at least one current identification document issued by an official agency bearing the photograph and signature of the individual, or the oath or affirmation of credible witnesses.
Why is it important for a notary public to maintain a notarial register?	The notarial register serves as an official record of the notary public’s acts and provides a means to verify the authenticity of notarized documents. Failure to maintain a register can lead to doubt about the document’s nature and validity.
What specific rules did Atty. Basilio violate?	Atty. Basilio violated Section 5 (b), Rule IV (false or incomplete certificate); Section 2 (b), Rule IV (notarizing without proper identification); and Section 2 (a), Rule VI (failure to record in the notarial register) of the Notarial Rules.
What was the IBP’s role in this case?	The IBP investigated the complaint, made findings of fact and law through an Investigating Commissioner, and recommended disciplinary actions, which were then reviewed and approved by the IBP Board of Governors.
How does this case affect the public’s trust in notarized documents?	This case reinforces the importance of notarial duties, emphasizing that failure to comply with these duties undermines public confidence in the integrity and reliability of notarized documents.

In conclusion, the Supreme Court’s decision serves as a stern reminder to notaries public about the importance of adhering to the Rules on Notarial Practice and upholding the integrity of their office. The ruling reinforces the message that any deviation from these standards will be met with appropriate sanctions, ensuring that the public’s trust in notarized documents remains intact.

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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: ATTY. BENIGNO T. BARTOLOME v. ATTY. CHRISTOPHER A. BASILIO, AC No. 10783, October 14, 2015