The Importance of Diligence in Notarial Duties

Librada A. Ladrera v. Atty. Ramiro S. Osorio, A.C. No. 10315, January 22, 2020

Imagine purchasing a property only to find out later that the documents you signed were improperly notarized, rendering them legally invalid. This nightmare scenario became a reality for Librada A. Ladrera, who discovered that her supposed deeds of sale and other documents were notarized without her or her daughter’s presence. The Supreme Court of the Philippines’ decision in this case underscores the critical role of notaries public in ensuring the authenticity and integrity of legal documents.

In this case, Atty. Ramiro S. Osorio was charged with violating the Code of Professional Responsibility, the Lawyer’s Oath, and the 2004 Rules on Notarial Practice. The central issue was whether Atty. Osorio had notarized documents without the necessary personal appearance of the parties and without competent proofs of their identity.

Legal Context: The Role and Responsibilities of Notaries Public

Notaries public play a crucial role in the legal system by authenticating documents and ensuring their validity. The 2004 Rules on Notarial Practice in the Philippines set forth specific requirements for notarial acts, including the need for the personal appearance of the parties and the presentation of competent evidence of identity.

Section 1 of Rule II of the Notarial Rules defines “Acknowledgment” as an act where an individual appears in person before the notary public, presents an integrally complete instrument, and attests to the voluntary execution of the document. This requirement is essential to verify the identity of the signatories and ensure that the document is their voluntary act.

Moreover, Section 2(b) of Rule IV prohibits notaries from performing notarial acts if the signatory is not present personally at the time of notarization and is not identified through competent evidence of identity. This rule is designed to prevent fraud and maintain the integrity of notarized documents.

For instance, if you’re selling a property, the notary must ensure that both you and the buyer are physically present during the notarization. This ensures that the transaction is legitimate and that the signatures on the deed are genuine.

The Case of Librada A. Ladrera v. Atty. Ramiro S. Osorio

Librada A. Ladrera filed a complaint against Atty. Ramiro S. Osorio, alleging that he notarized three documents without her or her daughter’s presence: a Deed of Absolute Sale, an Acknowledgment of Debt and Promissory Note, and a Deed of Conditional Transfer and Waiver of Possessory Rights. These documents involved a property transaction with Dalia Valladolid-Rousan, but Ladrera claimed that neither she nor her daughter, who was living abroad, had executed or subscribed to these documents.

The documents also had several defects, such as missing competent evidence of identity, incorrect notarial details, and the use of a jurat instead of an acknowledgment for the Deed of Absolute Sale. Atty. Osorio, in his defense, claimed that Ladrera had personally appeared before him and even brought witnesses, but they did not have their competent proofs of identity at the time of notarization.

The case was referred to the Integrated Bar of the Philippines-Committee on Bar Discipline (IBP-CBD), which recommended the suspension of Atty. Osorio’s notarial commission. The IBP Board of Governors adopted this recommendation, imposing the immediate revocation of his notarial commission, disqualification from being commissioned as a notary public for two years, and suspension from the practice of law for six months.

The Supreme Court upheld the IBP’s resolution, stating, “The Court’s primary concern here is to determine whether in discharging the duties and functions of a duly commissioned notary public, Atty. Osorio violated the Rules on Notarial Practice, the Lawyer’s Oath, and the Code of Professional Responsibility.” The Court found that Atty. Osorio had indeed violated these rules by notarizing documents without the required personal appearance and competent evidence of identity.

The Court also noted, “Atty. Osorio’s failure to perform his duty as a notary public undermined the integrity of the act of notarization. He cast doubt on the authenticity of subject documents. He also cast doubt on the credibility of the notarial register and the notarial process.”

Practical Implications: Ensuring Proper Notarization

This ruling serves as a reminder to notaries public of their duty to adhere strictly to the Notarial Rules. For individuals and businesses, it underscores the importance of ensuring that all parties involved in a document are present during notarization and that their identities are properly verified.

Going forward, this decision may lead to more stringent enforcement of notarial practices, potentially reducing the incidence of fraudulent documents. It also highlights the need for notaries to maintain accurate records and to use the correct notarial certificates, such as acknowledgments for deeds of conveyance.

Key Lessons:

• Always ensure that all parties are present during notarization.
• Verify identities through competent evidence as required by law.
• Use the appropriate notarial certificate for the document being notarized.
• Maintain accurate and complete records in the notarial register.

Frequently Asked Questions

What is the role of a notary public?

A notary public authenticates documents by verifying the identity of the signatories and ensuring that they are signing the document voluntarily.

Why is personal appearance important in notarization?

Personal appearance ensures that the notary can confirm the identity of the signatories and that the document is their voluntary act, reducing the risk of fraud.

What are the consequences of improper notarization?

Improper notarization can lead to the revocation of the notary’s commission, suspension from the practice of law, and the invalidation of the notarized documents.

How can I ensure my documents are properly notarized?

Ensure that you and all other parties are present during notarization, provide competent evidence of identity, and check that the notary uses the correct notarial certificate.

What should I do if I suspect a document was improperly notarized?

Consult with a legal professional immediately. You may need to file a complaint with the Integrated Bar of the Philippines or seek legal action to rectify the situation.

ASG Law specializes in notarial law and legal ethics. Contact us or email hello@asglawpartners.com to schedule a consultation.