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Problem Areas in

Legal Ethics:
NOTARIAL LAW
& VIOLATIONS

ILAGAN, Jeffrey
ITARALDE, Mark Dean
MONTENEGRO, Margaux
LEARNING OBJECTIVE

Understand and find solutions to certain


problem areas in legal ethics under the
following scope of Notarial Act and Practices:
The Notary Public: qualifications, notaries
ex-officio, commissioning,
Notarial Acts, Notarial Seal and
Certificates, Notarial Register and Notarial
Jurisdiction
Powers, Limitations and Disqualifications
PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
LEGAL BASIS
1. Notarial Law , Chapter 11, Act 2711
(Administrative Code) - approved by the
Governor-General, 10 March 1917
2. Act 2103 - enacted on 26 January 1912,
(acknowledgment and authentication of
instruments and documents without the
Philippines)
3. Rules on Electronic Evidence (AM No. 01-7-
01 SC) took effect on 1 August 2001 (Rule 5,
Authentication of Electronic Documents covers
PROBLEM
AREAS IN
proof of electronically notarized documents.
LEGAL
ETHICS: 4. 2004 Rules on Notarial Practice (AM No. 02-
NOTARIAL
LAW &
8-13-SC) took effect on 1 August 2004
VIOLATIONS
LEGAL BASIS
Possible Sanctions and Penalties for Notary
Public may be based on the following:

1. Code of Professional Responsibility


2. Article 171 of the Revised Penal Code -
Falsification by public officer, employee, or
notary or ecclesiastic minister.

PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
LEGAL BASIS
2004 Rules on Notarial Practice (AM No. 02-8-
13-SC) took effect on 1 August 2004.
These rules were enacted:
a) To promote, serve, and protect public interest;
b) To simplify, clarify, and modernize the rules
governing notaries public; and
c) To foster ethical conduct among notaries public
(RULE I, Sec. 2

PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
INTRODUCTION

Section 9 of 2004 Rules on Notarial Practice

NOTARY PUBLIC/NOTARY - any person


commissioned to perform official acts under
these Rules.

PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
INTRODUCTION
Caalim-Verzonilla v. Atty. Pascua (2011)*
The principal function of a notary public is to authenticate
documents. When a notary public certifies to the due
execution and delivery of a document under his hand and
seal, he gives the document the force of evidence.
Indeed, one of the purposes of requiring documents to be
acknowledged before a notary public, in addition to the
solemnity which should surround the execution and delivery
of documents, is to authorize such documents to be
given without further proof of their execution and
delivery. A NOTARIAL DOCUMENT IS BY LAW
ENTITLED TO FULL FAITH AND CREDIT UPON ITS
PROBLEM FACE.
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
*AC No. 6655; 11 Oct 2011
EVIDENTIARY WEIGHT

Ombudsman vs. Lazaro-Baldazo (2007)*


Documents acknowledged before notaries
public are public documents, and public
documents are admissible in evidence without
necessity of preliminary proof as to their
authenticity and due execution. They have in their
favor the presumption of regularity, and to
contradict the same, there must be evidence that
is clear, convincing, and more than merely
PROBLEM preponderant.
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
*G.R. No. 170815; 2 Feb. 2007
QUALIFICATIONS OF
NOTARY PUBLIC

PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
QUALIFICATIONS OF
NOTARY PUBLIC
Must be a citizen of the Philippines;
Must be over 21 years of age;
Must be a resident in the Philippines for at least
1 year and maintains a regular place of work or
business in the city or province where the
commission is to be issued;
Must be a member of the Philippine Bar in good
standing with clearances from the Office of the Bar
Confidant of the Supreme Court and the Integrated
Bar of the Philippines; and
PROBLEM
AREAS IN Must not have been convicted in the first instance of
LEGAL
ETHICS: any crime involving moral turpitude. (Sec. 1, Rule
NOTARIAL III)
LAW &
VIOLATIONS
CAN NON- LAWYERS SERVE
AS NOTARIES PUBLIC?
The Supreme Court in its En Banc Resolution dated April 24, 2012 in
Bar Matter No. 2493 ( In Re: Letter of Judge Ramon B. Barona, RTC, Br. 13,
Basco, Batanes, Inquiring about the Re-appointment of two non-lawyers as
Notary Public), gave authority to grant notarial commissions to
NON-MEMBER of Philippine Bar, provide the following
requirements are complied:
1. Only Rule III, Sec. 1(4) of the 2004 Rules on
Notarial Practice shall be waived;
2. Applicant must at least be a holder of a Bachelor of
Laws degree and must present a certification of
completion from the school where he graduated;
and
PROBLEM 3. Applicant must submit a certificate of good moral
AREAS IN character issued by at least two local executive
LEGAL officials to show that the applicant possesses the
ETHICS:
NOTARIAL requisite qualifications of fitness and morality
LAW & .
VIOLATIONS
CAN SHARIA LAWYERS SERVE AS
NOTARIES AND BE APPOINTED
BY SHARIA COURT JUDGES AS
SUCH?
(BAR Matter No. 702, May 12, 1994) In the Matter of Petitition
to authorize Sharia District Court Judges to Appoint Sharia
Lawyers as Notaries Public:
Sharia Court judges cannot appoint Sharia Lawyers
as notaries public and Sharia Lawyers are not automatically
qualified as notary public.
Sharia District court is not a regular court exercising
general jurisdiction thus is not clothed with authority similar to RTC
judges to appoint notaries public.
PROBLEM Sharia Lawyer does not automatically become a regular
AREAS IN member of the Philippine Bar, he lacks the necessary qualification
LEGAL to be appointed a notary public. Unless, he is also a member of
ETHICS:
NOTARIAL
Philippine Bar, Sharia lawyer does not qualify as notary public.
LAW &
VIOLATIONS
CAN GOVERNMENT LAWYERS
SERVE AS NOTARY PUBLIC?
Abella v. Cruzabra (2009)* Notarial Act is within the ambit
of the practice of law. Before a lawyer serving in the
government may petition for appointment as notary public,
and before being commissioned as such, he must secure a
written permission from the head of the government
department he is serving, and apply for leave of absence.
(Government lawyer is a Register of Deeds)

Under Uniform Rules on Administrative Cases in the Civil


Service, engaging in the private practice of profession, when
unauthorized, is classified as a light offense punishable by
PROBLEM reprimand.
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
*AC No. 5688; 4 June 2009
NOTARIES EX-OFFICIO
Section 242, Notarial Law: Except as otherwise specially
provided, the following officials, and none other, shall be
deemed to be notaries public ex officio, and ad such they
are authorized to perform, within the limits of their territorial
jurisdiction, all the documents pertaining to the office of the
notary public:
1. The Chief of the Division of Archives, Patents,
Copyrights, and Trademarks; the Clerk of the Supreme
Court, the Clerk of the Court of First Instance of the
Ninth Judicial District the Chief of the General Land
Registration Office, and the Superintendent of the
Postal Savings Bank Division, Bureau of Posts when
PROBLEM acting within the limits of the City of Manila.
AREAS IN
LEGAL 2. Clerks of Courts of First Instance outside of the City of
ETHICS: Manila, when acting within the judicial districts to which
NOTARIAL
LAW &
they respectively pertain.
VIOLATIONS
NOTARIES EX-OFFICIO

Section 242, Notarial Law: Except as otherwise specially


provided, the following officials, and none other, shall be
deemed to be notaries public ex officio, and ad such they
are authorized to perform, within the limits of their territorial
jurisdiction, all the documents pertaining to the office of the
notary public:
3. Justices of the peace, within the limits of the territory
over which their jurisdiction as justices of the peace
extends
4. Any government officer or employee of the Department
of Mindanao and Sulu appointed notary public ex officio
PROBLEM by the Judge of the Court of First Instance, with
AREAS IN
LEGAL
jurisdiction co-extensive with the province wherein the
ETHICS: appointee is stationed, and for a term of 2 years
NOTARIAL beginning upon the first day of January of the year in
LAW &
VIOLATIONS which the appointment is made.
NOTARIES EX-OFFICIO

While Section 242 has apparently not been


repealed or modified, it appears though that at
present, only
1. RTC Clerks of Court,
2. MTC and MCTC Judges, and
3. consular officials
4. Certain Government official authorized to
administer oaths under Sec. 21, 41, and 42 of
Title I Book I of the Revised Administrative
PROBLEM
AREAS IN Code, as amended by Republic Acts 6733
LEGAL
ETHICS:
and 9406
NOTARIAL
LAW & are authorized to act as notaries ex-officio
VIOLATIONS
NOTARIES EX-OFFICIO

RTC CLERKS OF COURT


Per resolution dated August 15, 2006 in re AM No. 02-8-13-
SC the Supreme Court resolved to authorize the Clerks of
Court of the Regional Trial Courts to Notarize not only
documents relating to the exercise of their official functions but
also private documents relating to the exercise of their official
functions but also private documents, subject to the following
conditions:
1. All notarial fees charged in accordance with Section 7(o0
of the Rule 141 of the Rules of Courtm and, with respect to
private documents in accordance with the notarial fee that
PROBLEM
the Supreme Court may prescribe in compliance with
AREAS IN Section 1, Rule V of the Rules of Notarial Practice, shall be
LEGAL for the account of the Judiciary; and
ETHICS:
NOTARIAL 2. They certify in the notarized documents that there are no
LAW & notaries public within the territorial jurisdiction of the
VIOLATIONS
RTC.
NOTARIES EX-OFFICIO
MTC AND MCTC JUDGES
Tigno v. Aquino (2004)* As early as 1980, the Supreme
Court had already explicitly declared that municipal court
judges may notarize only documents connected with the
exercise of their official duties.

Villareal v. Diongzon (2000)** MTC or MCTC judges may


not undertake the preparation and acknowledgment of private
documents such as a deed of pacto de retro sale Circular
No. 1-90 was very specific when it provided that it is only when
there are no lawyers or notaries public ibn the municipality or
circuit, that an MTC and MCTC judge may act as a notary
PROBLEM public provided that, among other things, he issues certification
AREAS IN
LEGAL
in the notarized documents attesting to the lack of any lawyer
ETHICS: or notary public in such municipality or circuit.
NOTARIAL
LAW & *G.R. No. 129416; 25 Nov 2004
VIOLATIONS ** A.M. No. RTJ-99-1520. 20 Nov 2000
NOTARIES EX-OFFICIO

MTC AND MCTC JUDGES


Fuentes v. Buno (2008) While it is true that no notary public
was available or residing within respondent judges territorial
jurisdiction, as shown by certifications issued by the RTC Clerk
of Court and the Municipal Mayor of Talibon, Bohol ,SC
Circular No. 1-90, specifically requires that that a certification
attesting to the lack of any lawyer or notary public in the said
municipality or circuit be made in the notarized document.
Here, no such certification was made in the Extrajudicial
Partition with Simultaneous Deed of Sale.

PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS *A.M. No. MTJ-99-1204; 28 Jul 2008
NOTARIES EX-OFFICIO

CONSULAR OFFICIALS
Press Statement on the Notarial Functions of Philippine
Embassies and Consulates General (DFA, 2005) it is the
duty of said offices under Philippine law to provide consular
services such as the notarization or authentication of
statements, affidavits, and depositions to any person who
require such services, pursuant to the DFA Regulations
implementing Republic Act 7157 (Revised Foreign Service
Act of 1991) and the Vienna Convention on Consular
Relations (1963), of which the Philippines is a State Party.

PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
SELECTED JURISPRUDENCE:
VICTOR NUNGA V. ATTY. VIRAY*

FACTS: Atty. Viray, without a valid notarial commission


notarized a Deed of Sale allegedly pertaining to a property
owned by the Masantol Rural Bank. To further aggravate the
situation the vendee of the subject Deed of Sale was actually
the minor son of Atty. Viray.

PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
A.C. No. 4758. April 30, 1999
SELECTED JURISPRUDENCE:
VICTOR NUNGA V. ATTY. VIRAY*

ISSUE: WON Atty. Viray may perform notarial acts in 1987 &
1991

HELD: Atty. Viray was barred from being commissioned as a


notary public for 3 yrs and He was suspended in the practice of
law for 3yrs.

Notarization is not an empty, meaningless, routinary act. It is


invested with substantive public interest, such that only those
who are qualified or authorized may act as notaries public.
PROBLEM Notarization by a notary public converts a private document
AREAS IN into a public document making that document admissible in
LEGAL
ETHICS: evidence without further proof of authenticity.
NOTARIAL
LAW &
VIOLATIONS
* A.C. No. 4758. April 30, 1999
NOTARIAL ACTS, SEAL,
CERTIFICATES &
JURISDICTION

PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
NOTARIAL ACTS
RULE IV, SECTION 1(a) - A notary public is
empowered to perform the following notarial acts:
(1) Acknowledgments;
(2) Oaths and affirmations;
(3) Jurats;
(4) Signature Witnessings;
(5) Copy certifications; and
(6) any other act authorized by these Rules.
PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
Acknowledgment v. Jurat
Acknowledgment Jurat
Definition
Act of one who has executed a deed, in Part of an affidavit where the officer
ging before some competent officer or certifies that the same was sworn before
court and declaring it to be his act or him
deed.

The acknowledgment accompanies any The jurat accompanies any notarized


notarized document that transmit rights or document that is declaratory in nature
properties
Where used
1. To authenticate an agreement 1. Affidavits
between two or more persons; or 2. Certifications; and
2. Where the document contains a 3. Whenever the person executing
disposition of property makes a statement of facts or attests
to the truth of an event, under oath.
PROBLEM
AREAS IN
Purpose
LEGAL Two-fold purpose: Gives the document legal character.
ETHICS: 1. To authorize the deed to be given in
NOTARIAL evidence without futher proof of its
LAW & execution; and
VIOLATIONS 2. To entitle it to be recorded
IS PERSONAL APPEARANCE
REQUIRED IN NOTARIAL
ACT?
Domingo v. Reed (2005)* - A document should not be
notarized unless the persons who are executing it are the
very same ones who are personally appearing before the
notary public. The affiants should be present to attest to the
truth of the contents of the document and to enable the
notary to verify the genuineness of their signatures. Notaries
public are enjoined from notarizing a fictitious or spurious
document. In fact, it is their duty to demand that the
document presented to them for notarization be signed in
their presence. Their function is, among others, to
PROBLEM GUARD AGAINST ILLEGAL DEEDS.
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
*G.R. No. 157701. 9 Dec. 2005
COMPETENT EVIDENCE
OF IDENTITY VS.
CTC/CEDULA
Notarial Rules: at least one current identification
document issued by an official agency bearing the
photograph and signature of the individual.

In three 2008 Supreme Court Cases (Cable Star v.


Cable BOSS, Sigma v. Inter-Alia and De la Cruz
v. Dimaano)
Non-compliance with the Rules affect the
PROBLEM
AREAS IN
notarial act itself, the document will not be
LEGAL considered a public document.
ETHICS:
NOTARIAL Principals are required to present competent
LAW &
VIOLATIONS evidence of identity to notaries at all times.
COMPETENT EVIDENCE
OF IDENTITY VS.
CTC/CEDULA
In Williams v. Icao (2008)*, a residence certificate
is no longer considered a competent evidence of
identity, so principals are no longer required to
present their cedulas to notaries public.

In Baylon v. Almo (2008)**Not including Cedulas


in list of competent evidence of identity indicates
PROBLEM preference to do away with it
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS *A.C. No. 6882, 24 Dec. 2008
**A.C. No. 6962, 24 Dec. 2008
COMPETENT EVIDENCE
OF IDENTITY VS.
CTC/CEDULA
Are Cedulas still necessary?
Section 6 of Commonwealth Act No. 465 or
Residence Tax Act ;
Section 249 (f) of the Notarial Law;
Section 251 of the Notarial Law; and
Section 163 of the Local Government Code
Section 2633 of Act 2711 penalizes any notary
who fails to certify the fact of the payment of the
PROBLEM cedula tax by the parties thereto, with summary
AREAS IN
LEGAL dismissal from office and a fine of P100
ETHICS:
NOTARIAL
These laws have not been repealed by subsequent
LAW & legislative enactments
VIOLATIONS
SIGNATURE, SEAL AND
NOTARIAL CERTIFICATE
Tigno v. Sps. Aquino (2004)* The validity of a notarial
certification necessarily derives from the authority of the
notarial officer. If the notary public does not have the
capacity to notarize a document, but does so anyway,
then the document should be treated as UNNOTARIZED.
The rule may be harsh, and perhaps may prove prejudicial to
parties in good faith relying on the proffered authority of the
notary public or the person pretending to be one. Still, to
admit otherwise would render merely officious the elaborate
process devised by this Court in order that a lawyer may
PROBLEM receive a notarial commission. Without such a rule, the
AREAS IN notarization of a document by a duly appointed notary public
LEGAL
ETHICS: will have the same legal effect as one accomplished by a
NOTARIAL non-lawyer in pretense.
LAW &
VIOLATIONS
*G.R. No. 129416. 25 Nov. 2004
SELECTED JURISPRUDENCE:
Laquindanum v. Quintana (2009)*
Atty. Quintana, maintains office in Midsayap, Cotabato, but is
commissioned as a notary under the Jurisdiction of Judge
Concha of Cotabato City, Province of Maguindanao. Atty.
Quintana, despite being Commissioned in Cotabato City
notarized documents in Midsayap. For not acting upon the
directive of Judge Laquindanum (Executive Judge of
Midsayap, Cotabato) that Atty. Quintana should refrain from
notarizing documents in Midsayap, Judge Laquindanum
further probed Atty. Quintanas notarial act and found further
violations of Atty. Quintana in the notary practice, and asked
the Supreme Court for proper disciplinary action.
1. He notarized documents outside the area of his commission as a notary
public
PROBLEM 2. He performed notarial acts with an expired commission
AREAS IN 3. He let his wife notarize documents in his absence
LEGAL 4. He notarized a document where one of the signatories therein was
ETHICS: already dead at the time.
NOTARIAL
LAW &
VIOLATIONS **A.C No. 7036. 29 Jun 2009
SELECTED JURISPRUDENCE:
Laquindanum v. Quintana (2009)*
ISSUE: Did Atty. Quintana violated Notarial Practice?

The act of notarizing documents outside ones area of


commission is not to be taken lightly. Aside from being a
violation of Rule III, Sec. 11, it also partakes of malpractice
of law and falsification. Notarizing documents with an
expired commission is a violation of the lawyers oath to obey
the laws, more specifically, the 2004 Rules on Notarial
Practice. Since the public is deceived into believing that he
has been duly commissioned, it also amounts to indulging in
deliberate falsehood, which the lawyers oath proscribes.
Notarizing documents without the presence of the signatory to
the documents is a violation of Sec 2.(b) (1), Rule IV of the
PROBLEM
AREAS IN 2004 Rules on Notarial Practice, Rule 1.01, Canon 1 of the
LEGAL Code of Professional Responsibility, and the lawyers
ETHICS:
NOTARIAL
oath which unconditionally requires lawyers not to do or
LAW & declare any falsehood.
VIOLATIONS **A.C No. 7036. 29 Jun 2009
SELECTED JURISPRUDENCE:
Laquindanum v. Quintana (2009)*

Atty. Quintana is also personally accountable for the


documents that he admitted were signed by his wife. He
cannot relieve himself of liability by passing the blame to his
wife. He is, thus guilty of violating Canon 9 of the Code of
Professional Responsibility, which requires lawyers not to
directly or indirectly assist in the unauthorized practice of law.

PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS *A.C No. 7036. 29 Jun 2009
POWERS, DUTIES, &
DISQUALIFICATIONS

PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
DISCIPLINE OR PROSECUTION
OF NOTARIES PUBLIC AND
OTHER PERSONS
In Tenoso v. Enchavez (2013)* - Supreme Court
suspended a lawyer from the practice of law for two
years, disqualified him from appointment as notary
public for 2 years, after it was established that he was
engaging in notarial practice WITHOUT A NOTARIAL
COMMISSION.
Respondent committed acts of deceit and falsehood in open
violation of the explicit pronouncements of the Code of
Professional Responsibility. His conduct falls miserably short
PROBLEM
AREAS IN
of the high standards of morality, honesty, integrity and fair
LEGAL dealing required from lawyers.
ETHICS:
NOTARIAL
LAW &
VIOLATIONS *A.C. No. 8384. 11 Apr 2013
DISCIPLINE OR PROSECUTION
OF NOTARIES PUBLIC AND
OTHER PERSONS
In Saquing v. Mora (2006), the Supreme Court held
that a lawyer who performs notarial act without
authority or commission, violates Rule 1.01, Canon 1 of
the Code of Professional Responsibility.
Performing a notarial without such commission is a
violation of the lawyers oath to obey the laws, more
specifically, the Notarial Law. And for making it appear that
he is duly authorized when he is not, he is indulging in
deliberate falsehood, which the lawyers oath similarly
PROBLEM proscribes.
AREAS IN
LEGAL
Rule 1.01: A lawyer shall not engage in unlawful,
ETHICS: dishonest, immoral or deceitful conduct.
NOTARIAL
LAW &
VIOLATIONS *A.C. No. 6678. 9 Oct 2006
RECENT JURISPRUDENCE
ON VIOLATIONS OF
NOTARIAL DUTIES
Ramos v. Baldo (2012)* - Having prepared and signed the
instant petition, Atty. Agustin C. Tarroza is disqualified from
notarizing the Verification portion of the said Petition, Neither
did Atty. Tarroza, as notary public, specify the he personally
knew petitioner Ramos, or that any competent proof of her
identity was presented to him.

PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS *G.R. No. 199196 : March 20, 2012
RECENT JURISPRUDENCE
ON VIOLATIONS OF
NOTARIAL DUTIES
Nevada v. Casuga (2012)*, the Supreme Court found that
the respondent notary public violated Rule IV, Section 1(c) of
the Rules. None of the requirements contained in Rule IV,
Sec. 1(c), as would justify a notary signing in behalf of a
contracting party, was complied with in this case. Moreover,
Casugas act of affixing his signature above the printed name
Edwin T. Nevada without any qualification, veritably made
him a party to the contract of lease in question. Thus, his act
of notarizing a deed to which he is a party is a plain violation
PROBLEM of the aforequoted Rule IV, Sec. 3(a) of the Notarial Rules, for
AREAS IN which he can be disciplinarily sanctioned provided under Rule
LEGAL
ETHICS: XI, Sec. 1(b)(10) of the Notarial Rules
NOTARIAL
LAW &
VIOLATIONS *AC No. 7591 : 20 Mar 2012
RECENT JURISPRUDENCE
ON VIOLATIONS OF
NOTARIAL DUTIES
Heirs of Villanueva v. Beradio (2007)* Notaries public
must inform themselves of the facts to which they intend to
certify and to take no part in illegal transactions. They must
guard against any illegal or immoral arrangements, and those
containing what they know to be false statements.
Where admittedly the notary public has personal knowledge
of a false statement or information contained in the instrument
to be notarized, yet proceeds to affix his or her notarial seal
on it, the Court must not hesitate to discipline the notary
PROBLEM public accordingly as the circumstances of the case may
AREAS IN
LEGAL
dictate. Otherwise, the integrity and sanctity of the
ETHICS: notarization process may be undermined and public
NOTARIAL confidence on notarial documents diminished.
LAW &
VIOLATIONS *AC No. 6270 : 22 Jan. 2007
RECENT JURISPRUDENCE
ON VIOLATIONS OF
NOTARIAL DUTIES
Notary not barred from Acting as Witness in Document
he notarized; except for Wills
Solarte v. Pugeda (2000)* while it has been previously
allowed in previous pronouncements of the court that Notary
public may also sign the instrument as a witness, the Court
clarified that the exception is when the document to be
notarized is a will.

PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS *A.C. No. 4751. 31 Jul 2000
SELECTED JURISPRUDENCE:
Wilfredo Talisic v. Atty. Rinen
Facts:he Per Atty. Rinens admission, the extrajudicial
partition deed was prepared in his office and acknowledged
before him. Although there was no evidence of forgery on
his part, he was negligent in not requiring from the parties
to the deed their presentation of documents as proof of
identity. Atty. Rinens failure to properly satisfy his duties as
a notary public was also shown by the inconsistencies in
the dates that appear on the deed, to wit: "1994 as to the
execution; 1995 when notarized; [and] entered as Series of
1992 in the notarial book.

PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
SELECTED JURISPRUDENCE:
Wilfredo Talisic v. Atty. Rinen
Issue: WoN Atty. Rinen violated the Notarial Law.

Held: Yes. The fact that Atty. Rinen was a trial court judge
during the time that he administered the oath for the
subject deed did not relieve him of compliance with the
same standards and obligations imposed upon other
commissioned notaries public. He also could not have
simply relied on his clerk of court to perform the
responsibilities attached to his function, especially as it
pertained to ensuring that the parties to the document were
PROBLEM
then present, performing an act that was of their own free
AREAS IN will and deed.
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
SELECTED JURISPRUDENCE:
Wilfredo Talisic v. Atty. Rinen
The fact that Atty. Rinen was a trial court judge during
the time that he administered the oath for the subject
deed did not relieve him of compliance with the same
standard and obligations imposed upon other
commissioned notaries public.

PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
References:

Domondon, A. 90 years of the Bar and Beyond in Legal &


Judicial Ethics. 2015, Centralbooks
TIROL, J., Desk-Book for Philippine Notaries: Laws, Rules
and Jurisprudence., 2014, Centralbooks

San Beda College of Law 2016 Centralized Bar


Operations. Legal and Judicial Ethics Memory Aid

PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS
END OF PRESENTATION.

THANK YOU!

PROBLEM
AREAS IN
LEGAL
ETHICS:
NOTARIAL
LAW &
VIOLATIONS