Notarizing Without a Commission Can Lead to Severe Professional Consequences

Lilia Yusay-Cordero v. Atty. Juanito Amihan, Jr., 882 Phil. 52 (2020)

Imagine discovering that a crucial legal document affecting your property rights is invalid because the notary public who signed it was not actually authorized to do so. This nightmare scenario became a reality for Lilia Yusay-Cordero, leading to a landmark Supreme Court decision that underscores the importance of proper notarization. In this case, a lawyer’s unauthorized notarization not only jeopardized a property transaction but also resulted in professional sanctions that serve as a warning to all legal practitioners.

The case revolves around a special power of attorney executed by Lilia and her late husband, which was later used to mortgage their property. Years later, Lilia discovered an unauthorized deed of sale on the property’s title, notarized by Atty. Juanito Amihan, Jr. The central legal question was whether Atty. Amihan, Jr. was indeed commissioned as a notary public at the time of notarization.

Understanding the Legal Framework of Notarization

Notarization is a critical legal process that transforms private documents into public ones, thereby ensuring their authenticity and reliability. According to the Revised Administrative Code, a notary public must be commissioned by the Executive Judge of the Regional Trial Court (RTC) and must file their oath of office and commission with the Office of the Clerk of Court. This commission is not merely a formality; it is a legal requirement that ensures the public can trust the notarized documents.

Key to this case is Rule 1.01 of the Code of Professional Responsibility, which states, “A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.” When a lawyer notarizes a document without a valid commission, they violate this rule by engaging in deliberate falsehood and failing to uphold the Lawyer’s Oath to obey the laws, specifically the Notarial Law.

To illustrate, consider a scenario where a person signs a deed of sale for their property. If the notary public who authenticates this deed is not properly commissioned, the deed could be challenged in court, potentially invalidating the entire transaction and causing significant legal and financial distress for all parties involved.

The Journey of Lilia Yusay-Cordero’s Case

Lilia Yusay-Cordero’s legal battle began when she discovered an annotation on her property’s title indicating a “Deed of Portion Sale” notarized by Atty. Amihan, Jr. in 2003. Upon investigation, she found that Atty. Amihan, Jr. was not a commissioned notary public that year, and no copy of the deed was recorded with the RTC.

Lilia filed an administrative complaint against Atty. Amihan, Jr. with the Integrated Bar of the Philippines (IBP). Atty. Amihan, Jr. claimed he was authorized to notarize documents in 2003, presenting rubber stamps and a recommendation letter as evidence. However, the IBP’s investigation confirmed that he had no valid commission in 2003.

The IBP’s Commission on Bar Discipline found Atty. Amihan, Jr. guilty of violating the Lawyer’s Oath and Rule 1.01 of the CPR. They recommended 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 two years. The IBP Board of Governors later reduced the suspension from the practice of law to one year.

The Supreme Court upheld the IBP’s findings but modified the penalties, stating, “Where the notarization of a document is done by a member of the Philippine Bar at a time when he has no authorization or commission to do so, the offender may be subjected to disciplinary action.” The Court imposed immediate revocation of Atty. Amihan, Jr.’s notarial commission, disqualification from being commissioned as a notary public for one year, and suspension from the practice of law for one year.

Practical Implications and Key Lessons

This ruling serves as a stark reminder of the importance of adhering to notarial laws. For lawyers, it underscores the need to ensure they are properly commissioned before notarizing any documents. For property owners and businesses, it highlights the necessity of verifying the notary public’s credentials to safeguard their legal transactions.

Key Lessons:

• Always verify a notary public’s commission status before engaging their services.
• Understand that notarization is not a mere formality but a critical legal process that requires strict adherence to the law.
• Be aware that unauthorized notarization can lead to severe professional consequences for lawyers, including suspension and revocation of notarial commissions.

Imagine a business owner planning to sell a commercial property. Before signing any documents, they should check the notary public’s commission status to avoid potential legal pitfalls. This simple step could save them from the costly and time-consuming ordeal of dealing with an invalidated transaction.

Frequently Asked Questions

What is the role of a notary public in legal documents?
A notary public authenticates the identity of signatories and ensures the integrity of the document, making it admissible in court without further proof of authenticity.

What are the consequences for a lawyer who notarizes without a commission?
A lawyer may face immediate revocation of their notarial commission, disqualification from being commissioned as a notary public for a period, and suspension from the practice of law.

How can I verify if a notary public is commissioned?
You can request a certification from the Office of the Clerk of Court of the Regional Trial Court where the notary public is supposed to be commissioned.

Can a notarized document be invalidated if the notary was not commissioned?
Yes, a notarized document can be challenged and potentially invalidated if the notary public was not properly commissioned at the time of notarization.

What should I do if I suspect a notarized document is invalid?
Seek legal advice immediately. An attorney can help you verify the notary’s commission status and take appropriate legal action if necessary.

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