The Supreme Court held that a lawyer’s negligence in performing notarial acts, particularly failing to verify the identity of a person executing a document, warrants disciplinary action. Atty. Narciso Padiernos was suspended from the practice of law for three months and his notarial commission was revoked for notarizing documents with forged signatures. This case underscores the critical importance of notaries public exercising due diligence to protect the integrity of public documents and prevent fraud.

Forged Signatures and Failed Verification: How Negligence Undermines Notarial Trust

This case revolves around a complaint filed by Zenaida B. Gonzales against Atty. Narciso Padiernos for notarizing three documents that allegedly contained her forged signatures: a Deed of Absolute Sale, a Subdivision Agreement, and an Affidavit of Non-Tenancy. Gonzales claimed she was in the United States when these documents were supposedly notarized, and that she never appeared before Atty. Padiernos. She alleged that the documents led to the unlawful transfer of her property. The central issue is whether Atty. Padiernos was negligent in his duties as a notary public, and if so, what the appropriate disciplinary measures should be.

Atty. Padiernos admitted to notarizing the documents but denied any knowledge of the forged signatures. He argued that he was not required to personally know the signatories, as long as they signed the documents in his presence. The IBP, however, found him negligent for failing to demand proof of identity from the person claiming to be Zenaida Gonzales. Rule II, Section 1 of the 2004 Rules of Notarial Practice specifies the requirements for acknowledgment, which includes personal appearance before the notary, identification through personal knowledge or competent evidence, and representation that the signature was voluntarily affixed.

SECTION 1. Acknowledgment. – “Acknowledgment” refers to an act in which an individual on a single occasion:

(a) appears in person before the notary public and present an integrally complete instrument on document;

(b) is attested to be personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and

(c) represents to the notary public that the signature on the instrument or document was voluntarily affixed by him for the purpose stated in the instrument or document, declares that he has executed the instrument or document as his free and voluntary act and deed, and, if he acts in a particular representative capacity that he has the authority to sign in that capacity.”

The Supreme Court emphasized that a notary public’s role is critical to maintaining the integrity of public documents. The failure to properly verify the identity of the person appearing before them can lead to fraud and injustice, undermining public confidence in the notarial system. This responsibility is further emphasized by Canon 1 of the Code of Professional Responsibility, which requires lawyers to uphold the Constitution, obey the laws, and promote respect for legal processes, and Rule 1.01, which prohibits lawyers from engaging in unlawful, dishonest, or deceitful conduct.

In this case, Atty. Padiernos’s failure to ascertain the identity of the person claiming to be Gonzales directly contributed to the fraudulent transfer of her property. This negligence constitutes a breach of his duties as a lawyer and a notary public, and it reflects poorly on the legal profession. It’s crucial to ensure that every notary understands and adheres to the standards of professional conduct.

The Court rejected Atty. Padiernos’s argument that personal knowledge of the signatory is unnecessary. While the physical presence of the signatory is important, it does not absolve the notary from the duty to verify their identity. The respondent failed to provide any specific cases or clear jurisprudence to back his claims. Therefore, it is the responsibility of a notary to make sure that the document is executed freely and voluntarily.

The penalty imposed on Atty. Padiernos—suspension from the practice of law for three months and revocation of his notarial commission—is commensurate with the gravity of his negligence and the injustice suffered by Gonzales. This decision serves as a reminder to all notaries public to exercise utmost care in performing their duties and to strictly comply with the requirements of the law and legal ethics.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Padiernos was negligent in his duties as a notary public by notarizing documents with forged signatures without properly verifying the identity of the signatory.
What did the Supreme Court rule?	The Supreme Court ruled that Atty. Padiernos was indeed negligent and suspended him from the practice of law for three months, and revoked his notarial commission.
What are the duties of a notary public?	A notary public is responsible for ensuring the integrity of documents, which includes verifying the identity of signatories, ensuring their voluntary participation, and properly recording the notarization.
What is competent evidence of identity under the Rules of Notarial Practice?	Competent evidence of identity typically includes valid government-issued IDs with a photograph and signature.
What is the effect of a notary public’s negligence?	A notary public’s negligence can undermine the integrity of public documents, facilitate fraud, and erode public confidence in the legal system.
What is the penalty for negligence as a notary public?	The penalty for negligence can include suspension from the practice of law, revocation of the notarial commission, and other disciplinary actions.
Why is it important for notaries to verify identity?	Verifying identity helps prevent fraud, ensures that documents are legally binding, and protects the rights and interests of all parties involved.
What Canon of the Code of Professional Responsibility applies to this case?	Canon 1 and Rule 1.01 of the Code of Professional Responsibility are relevant as they require lawyers to uphold the law and abstain from dishonest or deceitful conduct.

This case highlights the serious consequences of negligence in notarial acts and serves as a cautionary tale for all lawyers and notaries public. It is crucial for notaries to prioritize due diligence and to fully comply with the Rules of Notarial Practice to maintain the integrity of public documents and to protect the interests of the public.

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: Zenaida B. Gonzales vs. Atty. Narciso Padiernos, A.C. No. 6713, December 08, 2008