The Importance of Diligence in Notarial Duties: A Lesson in Professional Responsibility

Dolores De Vera v. Atty. Cenon J. Navarro, A.C. No. 12912, January 18, 2021

Imagine discovering that a critical document, essential for your child’s future, is invalid due to a simple oversight by a notary public. This was the reality for Dolores De Vera and her daughter, Donna Belle, when they found out that an affidavit, notarized by Atty. Cenon J. Navarro, was not properly recorded. This case highlights the profound impact that a notary public’s negligence can have on individuals’ lives, particularly when it comes to legal documents that affect personal and familial rights.

In this case, Dolores De Vera filed a complaint against Atty. Navarro for failing to furnish the Archive Office of Malolos City, Bulacan with a copy of the Affidavit of Acknowledgment and Use of Surname executed by her late husband, Manuel De Vera, Jr. This affidavit was crucial for their daughter, Donna Belle, to use her father’s surname, a right she was entitled to under Philippine law. The central legal question was whether Atty. Navarro’s failure to record the notarized document in his notarial register constituted a violation of his professional duties as a notary public.

Understanding the Legal Framework of Notarial Duties

The act of notarization is far from a mere formality; it is imbued with significant public interest. A notary public’s role is to authenticate documents, ensuring their integrity and validity. According to the 2004 Rules on Notarial Practice, a notary public must maintain a chronological official notarial register of all notarial acts. This register is crucial as it serves as a record of the notary’s activities, ensuring that all documents are properly accounted for and can be verified if necessary.

The significance of notarial acts is underscored by the fact that a notarized document is considered a public instrument. As stated in the Supreme Court’s decision, “The notarial seal converts a document from a private to a public instrument, after which it may be presented as evidence without need of proof of its genuineness and due execution.” This means that any failure in the notarial process can undermine the document’s legal standing, as seen in Dolores and Donna Belle’s case.

Consider a scenario where a couple needs to notarize a deed of sale for their property. If the notary fails to record this deed in their register, the couple might face significant hurdles when they need to prove ownership or transfer the property in the future. This example illustrates how notarial negligence can have far-reaching consequences.

The Journey of Dolores De Vera’s Complaint

Dolores De Vera’s ordeal began in 1996 when she gave birth to Donna Belle. Initially, Donna Belle used Dolores’s maiden name, “Angeles,” as Dolores and Manuel were not yet married. They married in 1998, and in 2007, they sought Atty. Navarro’s services to prepare and notarize an affidavit acknowledging Donna Belle as Manuel’s child and allowing her to use his surname.

Years later, when Donna Belle needed her birth certificate for employment abroad, they discovered that the affidavit was not recorded in Atty. Navarro’s notarial register. The Office of the Clerk of Court in Malolos City confirmed that the affidavit was not included in the monthly report for August 2007. This led Dolores to file a complaint against Atty. Navarro with the Integrated Bar of the Philippines (IBP).

Atty. Navarro denied notarizing the affidavit and claimed the signature was forged. However, the IBP Commissioner found Dolores’s allegations more credible, noting that the affidavit bore Atty. Navarro’s notarial seal and signature. The IBP recommended a one-year suspension from the practice of law, which was later reduced to one month by the IBP Board of Governors.

Upon review, the Supreme Court upheld the IBP’s findings, stating, “The act of notarization is not an ordinary routine but is imbued with substantive public interest.” The Court further emphasized, “A notary public should observe utmost care in performing his duties to preserve public confidence in the integrity of notarized documents.” As a result, Atty. Navarro was found guilty of violating the 2004 Rules on Notarial Practice and was suspended from the practice of law for six months, with his notarial commission revoked and disqualified from being commissioned as a notary public for two years.

Practical Implications and Lessons Learned

This case underscores the critical importance of notaries public adhering strictly to their duties. The failure to record a notarized document can lead to significant legal and personal consequences for those relying on these documents. For individuals and businesses, it is essential to ensure that the notaries they engage with are diligent and comply with all legal requirements.

Moving forward, this ruling may lead to stricter enforcement of notarial practices, ensuring that notaries public are more accountable for their actions. It serves as a reminder to legal professionals of the high standards expected of them, particularly in roles that directly impact public trust and document integrity.

Key Lessons:

• Always verify that a notary public records your document in their notarial register.
• Seek legal advice if you encounter issues with notarized documents to understand your rights and options.
• Notaries public must maintain meticulous records to uphold the integrity of their profession and protect their clients.

Frequently Asked Questions

What is the role of a notary public in the Philippines?

A notary public in the Philippines authenticates documents, converting them from private to public instruments, which can be used as evidence without further proof of authenticity.

What happens if a notary public fails to record a document in their notarial register?

Failure to record a document can render it invalid or questionable, potentially leading to legal disputes and administrative sanctions against the notary public.

How can I ensure that a notarized document is properly recorded?

Request a copy of the notarial register entry for your document and verify it with the relevant authorities if necessary.

What are the consequences for a notary public who violates notarial rules?

Violations can lead to suspension from the practice of law, revocation of notarial commission, and disqualification from being re-commissioned as a notary public for a specified period.

Can I sue a notary public for negligence?

Yes, you can file an administrative complaint with the Integrated Bar of the Philippines or seek legal remedies if a notary public’s negligence causes you harm.

How can ASG Law assist with notarial issues?

ASG Law specializes in notarial practice and professional responsibility. Contact us or email hello@asglawpartners.com to schedule a consultation.