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Legal Forms, Atty. Aura Rizza A. Garcia-Gabriel

DETAILS

Case Title Laquindanum v. Quintana

Docket Number A.C. No. 7036

Ponencia, SC Division Puno, CJ., En Banc

Date 29 June 2009

Topic (Syllabus) Jurisdiction of Notary Public

Case Summary (For This is an administrative case against the respondent Atty. Quintana. It arose
recit) from the letter sent by complainant Judge Laquindanum which provides that the
respondent is notarizing documents outside of the territorial jurisdiction of the
commissioning court. Atty. Quintana answered that he was commissioned by
Judge Concha of RTC Branch 18, Cotabato City and that the documents he
notarized in his office at Midsayap, Cotabato is part of the province of Cotabato,
hence, not outside of the territorial jurisdiction of his notarial commission.

The court found that Atty. Quintana indeed performed notarial acts outside the
jurisdiction of the commissioning court. It is provided under the Rules of Notarial
Practice that a person commissioned as notary public may perform notarial acts
in any place within the territorial jurisdiction of the commissioning court for a
period of two years… The respondent acquired a Commission for Notary Public
in Cotabato City wherein the territorial jurisdiction of which is within Cotabato City
and the Province of Maguindanao only. He cannot extend his commission as
notary public in Midsayap or Kabacan and in any place of the province of
Cotabato as he is not commissioned thereat to do such act. Midsayap and
Kabacan are not part of either Cotabato City or Province of Maguindanao but
part of the province of North Cotabato, hence, his defense is without merit.

It was also found by the court that he performed notarial acts with an expired
commission; he let his wife notarize documents in his absence; and he notarized
a document where one of the signatories therein was already dead at that time.

Wherefore, the respondent was disqualified from being commissioned as notary

public for a period of two (2) years and also suspended from the practice of law
for six (6) months.

DOCTRINE/LEGAL BASIS

● Section 11 of the 2004 Rules on Notarial Practice provides, thus:

"Jurisdiction and Term – A person commissioned as notary public may perform notarial acts in any
place within the territorial jurisdiction of the commissioning court for a period of two (2) years
commencing the first day of January of the year in which the commissioning court is made, unless
earlier revoked or the notary public has resigned under these Rules and the Rules of Court

● Sec. 2, (b), Rule IV of the 2004 Rules on Notarial Practice provides, thus:
"A person shall not perform a notarial act if the person involved as signatory to the instrument or
document (1) is not in the notary’s presence personally at the time of the notarization; and (2) is
not personally known to the notary public through competent evidence of identity as defined by
these Rules."
Togle (JD3-4)
Legal Forms, Atty. Aura Rizza A. Garcia-Gabriel

FACTS

● The complainant, Judge Laquindanum sent a letter to the RTC requesting that disciplinary action
should be imposed on Atty. Quintana for performing notarial functions beyond the territorial
jurisdiction of the commissioning court that issued his notarial commission and for allowing his wife
to do notarial acts in his absence.

● Atty. Quintana alleged that he filed a petition for notarial commission before Branch 18, Regional
Trial Court, Midsayap, Cotabato. However, the same was not acted upon by Judge Laquindanum
for three weeks. Because of this, he opted to withdraw his petition and he obtained a Commission
for Notary Public issued by Executive Judge Reno E. Concha of the Regional Trial Court, Branch
14, Cotabato City.

● Atty. Quintana argued that he subscribed documents in his office at Midsayap, Cotabato; and
Midsayap is part of the Province of Cotabato. He contended that he did not violate any provision of
the 2004 Rules on Notarial Practice, because he was equipped with a notarial commission. He
maintained that he did not act outside the province of Cotabato since Midsayap, Cotabato, where
he practices his legal profession and subscribes documents, is part of the province of Cotabato.
He claimed that as a lawyer of good moral standing, he could practice his legal profession in the
entire Philippines.

ISSUE #1 – Whether or not the respondents RULING: YES

violated the Rules on Notarial Practice by
notarizing documents beyond the limits of his
authority?

RATIO

After a careful review of the records and evidence, there is no doubt that Atty. Quintana violated the 2004
Rules on Notarial Practice and the Code of Professional Responsibility when he committed the following
acts: (1) he notarized documents outside the area of his commission as a notary public; (2) he performed
notarial acts with an expired commission; (3) he let his wife notarize documents in his absence; and (4) he
notarized a document where one of the signatories therein was already dead at that time.

Section 11 of the 2004 Rules on Notarial Practice provides, thus:

"Jurisdiction and Term – A person commissioned as notary public may perform notarial acts in any place
within the territorial jurisdiction of the commissioning court for a period of two (2) years commencing the
first day of January of the year in which the commissioning court is made, unless earlier revoked [or] the
notary public has resigned under these Rules and the Rules of Court

Under the rule, respondent may perform his notarial acts within the territorial jurisdiction of the
commissioning Executive Judge Concha, which is in Cotabato City and the Province of Maguindanao only.
But definitely he cannot extend his commission as notary public in Midsayap or Kabacan and in any place
of the province of Cotabato as he is not commissioned thereat to do such act. Midsayap and Kabacan are
not part of either Cotabato City or Province of Maguindanao but part of the province of North Cotabato.
Thus, the claim of respondent that he can exercise his notarial commission in Midsayap, Cotabato
because Cotabato City is part of the province of Cotabato is absolutely devoid of merit.

Sec. 2, (b), Rule IV of the 2004 Rules on Notarial Practice provides, thus:
"A person shall not perform a notarial act if the person involved as signatory to the instrument or document
(1) is not in the notary’s presence personally at the time of the notarization; and (2) is not personally known
to the notary public through competent evidence of identity as defined by these Rules."

Evidence reveals that respondent notarized in 2004 a Deed of Donation wherein, (sic) Honorata Rosel
(Honorata Rosil) one of the affiants therein, was already dead at the time of notarization as shown in a
Certificate of Death issued by the Civil Registrar General of Libungan, Cotabato.
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Legal Forms, Atty. Aura Rizza A. Garcia-Gabriel

The act of notarizing documents outside one’s area of commission is not to be taken lightly. Aside from
being a violation of Sec. 11 of the 2004 Rules on Notarial Practice, it also partakes of malpractice of law
and falsification. Notarizing documents with an expired commission is a violation of the lawyer’s 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 lawyer's oath proscribes. Notarizing documents without the presence of the signatory to the document
is a violation of Sec. 2(b)(1), Rule IV of the 2004 Rules on Notarial Practice, Rule 1.01 of the Code of
Professional Responsibility, and the lawyer’s oath which unconditionally requires lawyers not to do or
declare any falsehood. Finally, Atty. Quintana is 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.

All told, Atty. Quintana fell miserably short of his obligation under Canon 7 of the Code of Professional
Responsibility, which directs every lawyer to uphold at all times the integrity and dignity of the legal
profession.

DISPOSITIVE

IN VIEW WHEREOF, the notarial commission of Atty. Nestor Q. Quintana, if still existing, is hereby
REVOKED, and he is DISQUALIFIED from being commissioned as notary public for a period of two (2)
years. He is also SUSPENDED from the practice of law for six (6) months effective immediately, with a
WARNING that the repetition of a similar violation will be dealt with even more severely. He is DIRECTED
to report the date of his receipt of this Decision to enable this Court to determine when his suspension
shall take effect.1avvphi1

Let a copy of this decision be entered in the personal records of respondent as a member of the Bar, and
copies furnished the Bar Confidant, the Integrated Bar of the Philippines, and the Court Administrator for
circulation to all courts in the country.

SO ORDERED.