In Carandang v. Ramirez, the Supreme Court addressed the serious issue of notarial misconduct. The Court found Atty. Alfredo Ramirez, Jr. guilty of violating the Lawyer’s Oath, the Code of Professional Responsibility (CPR), and the 2004 Rules on Notarial Practice. This decision underscores the high standards of integrity and faithfulness expected of lawyers, particularly those acting as notaries public. The Court suspended Atty. Ramirez from the practice of law for two years, revoked his notarial commission, and prohibited him from being commissioned as a notary public for two years. This ruling serves as a stern warning to legal professionals about the severe repercussions of failing to uphold their ethical and legal obligations.

When a Notary’s Pen Betrays the Public Trust: Examining False Statements and Ethical Lapses

The case arose from a disbarment complaint filed by Rene B. Carandang against Atty. Alfredo Ramirez, Jr., alleging violations of the 2004 Rules on Notarial Practice and the CPR. The core of the complaint centered on a Deed of Sale of Motor Vehicle involving a Nissan Almera, which the respondent notarized. Carandang claimed the document was not authentic, asserting he never sold his vehicle to Rockyfeller F. Baltero nor appeared before Atty. Ramirez for the notarization. This discrepancy led to criminal charges of Falsification of a Public Document against Baltero, among others.

In response to the criminal charges, Baltero presented documents including a Deed of Sale of Motor Vehicle dated August 20, 2014, for a black Toyota Vios, and a Deed of Sale with Assumption of Mortgage dated August 28, 2014, for a silver Toyota Vios. Baltero also submitted Atty. Ramirez’s notarized Sworn-Statement, where the attorney claimed to have personally witnessed the execution of both deeds. However, Carandang obtained a certification from the Notarial Section of the Office of the Clerk of Court (OCC) in Biñan City, Laguna, revealing significant inconsistencies. The certification stated that the deeds of sale were not among Atty. Ramirez’s submitted notarial documents, and the document numbers in his notarial register did not match the deeds of sale. This led to a second criminal case against both Baltero and Atty. Ramirez for Falsification of a Public Document and Perjury.

The Supreme Court emphasized the substantial public interest inherent in notarization, stating that “a notarized document is entitled to full faith and credit under the law.” The Court highlighted that a notary public must discharge their duties with faithfulness and strictly comply with the Notarial Rules. Failure to do so undermines public confidence in the integrity of notarized documents. The Court pinpointed several glaring irregularities in the deeds of sale, including multiple documents sharing the same notarial entries and inconsistencies in the dates and book series in the notarial register. Moreover, the Court noted that the Nissan Deed of Sale and the Black Vios Deed of Sale were both numbered as “Document No. 450” even though respondent’s notarial register designated as Book II, Series of 2014 contained only 410 documents.

The Court also reiterated the principle that a notary public cannot notarize a document unless the signatories personally appear before them to attest to its contents. Atty. Ramirez attested to the notarization of the deeds of sale despite clear evidence to the contrary. Complainant Carandang adamantly denied appearing before Atty. Ramirez, and the deeds were not among the documents submitted by the attorney, as certified by the OCC. Further complicating matters, Atty. Ramirez submitted a different version of the Black Vios Deed of Sale during the Criminal Investigation and Detection Group (CIDG) investigation, raising further doubts about the authenticity of the documents and the attorney’s truthfulness.

The Supreme Court referenced Canon 1 of the CPR, stating:

CANON 1 – A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES.

The Supreme Court also invoked Rule 1.01, Rule 7.03, Canon 10, and Rule 10.01 of the CPR. The court elaborated that by being untruthful, respondent not only violated his solemn oath “to do no falsehood, nor consent to the doing of any in court” but also breached the aforementioned ethical rules of conduct. Moreover, Atty. Ramirez’s failure to participate in the proceedings before the IBP was considered a violation of Canon 11 of the CPR. The Court emphasized that lawyers and notaries public are expected to maintain the public’s trust in the legal profession’s integrity. Any conduct falling short of these standards would be met with appropriate penalties.

The Court found the factual circumstances of this case more egregious than those in Agbulos v. Atty. Viray, where the attorney admitted the illegal notarization and apologized. In contrast, Atty. Ramirez made conflicting statements under oath regarding the notarization of the deeds. Given these circumstances, the Court increased the suspension period from the practice of law from one year to two years, aligning the penalty with prevailing jurisprudence. This case underscores the importance of honesty and adherence to the Notarial Rules. By affirming the IBP’s findings with a modification on the penalty, the Supreme Court sent a strong message that any deviation from the ethical standards of the legal profession would be dealt with severely.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Alfredo Ramirez, Jr. violated the Lawyer’s Oath, the Code of Professional Responsibility, and the 2004 Rules on Notarial Practice through his actions related to the notarization of certain deeds of sale. The central question was whether he made false statements and failed to adhere to his ethical and legal obligations as a notary public and a lawyer.
What were the irregularities in the notarization of the deeds of sale?	The irregularities included multiple documents sharing the same notarial entries, inconsistencies in the dates and book series in the notarial register, and the fact that the deeds of sale were not among the submitted notarial documents of Atty. Ramirez. Additionally, the respondent provided conflicting versions of the Black Vios Deed of Sale.
What is the significance of notarization?	Notarization is a significant act imbued with public interest. A notarized document is entitled to full faith and credit under the law, and notaries public are expected to discharge their duties with faithfulness and strictly comply with the Notarial Rules to maintain public confidence in the integrity of notarized documents.
What ethical rules did Atty. Ramirez violate?	Atty. Ramirez violated Canon 1 (upholding the Constitution and laws), Rule 1.01 (avoiding unlawful, dishonest, or deceitful conduct), Rule 7.03 (avoiding conduct that reflects adversely on fitness to practice law), Canon 10 (candor and fairness to the court), and Rule 10.01 (avoiding falsehoods) of the Code of Professional Responsibility.
Why did the Court increase the suspension period?	The Court increased the suspension period from one year to two years because Atty. Ramirez made conflicting statements under oath regarding the notarization of the deeds. The Court deemed the circumstances more egregious than those in previous cases where a lesser penalty was imposed.
What was the penalty imposed on Atty. Ramirez?	The Court suspended Atty. Alfredo Ramirez, Jr. from the practice of law for two years, revoked his notarial commission, and prohibited him from being commissioned as a notary public for two years. He was also sternly warned against repeating similar conduct in the future.
What is the duty of a notary public regarding signatories?	A notary public must ensure that the persons signing a document are the same persons who executed it and personally appear before him or her to attest to the contents. The notary must personally know the signatory or verify their identity through competent evidence.
How did Atty. Ramirez’s conduct affect the legal profession?	Atty. Ramirez’s conduct undermined the public’s trust and confidence in the integrity of the legal profession. His actions demonstrated a lack of adherence to ethical standards and the Notarial Rules, which are critical for maintaining the credibility of legal documents and processes.

This case reinforces the stringent standards imposed on members of the bar, especially when acting as notaries public. The Supreme Court’s decision serves as a powerful deterrent against any conduct that undermines the integrity of notarized documents and the legal profession as a whole, emphasizing the gravity of truthfulness and ethical behavior in the practice of law.

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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: RENE B. CARANDANG VS. ATTY. ALFREDO RAMIREZ, JR., A.C. No. 13343, September 14, 2022