Digested by : Tomilap, Bhenz Bryle Nino M.

Spouses Antonio and Josefa Tan vs. Atty. Maria Johanna Vallejo
A.C. No. 11219; March 16, 2022

Topic: Rules on Notarial Practice

Principle: A notary public is disqualified from performing a notarial act if he is a relative

by affinity or consanguinity of the principal within the fourth civil degree.

Facts:

Spouses Tan filed a complaint against Atty. Vallejo for an alleged violation of the
Rules on Notarial Practice. The spouses claimed that Atty. Vallejo notarized a Deed of
Absolute Sale. Under the said deed was a transfer of their property to Vallejo’s uncle,
Arnold Vallejo. They argued that Atty. Vallejo was disqualified from notarizing the Deed
of Sale, considering the filial relationship between the purchaser and the notary public
who notarized the deed, being a relative within the fourth civil degree. The spouses also
alleged that they never appeared nor signed the documents before Atty. Vallejo.

For her part, Atty. Vallejo alleged that the spouses only initiated the complaint
because their relationship with her uncle eventually turned sour, and that the complaint
was only a means to harass her and her uncle. Furthermore, Atty. Vallejo also alleged
that she did not violate the Rules on Notarial Practice because her uncle did not sign
the documents, and it was only the spouses who affixed their signatures therein.

The Integrated Bar of the Philippines issued a Resolution finding that the
complaint lacked merit, upholding Atty. Vallejo’s argument that since her uncle’s
signature was not present therein, she should not be held liable for a violation of the
Rules.

Issue: Whether or not Atty. Vallejo violated the Rules on Notarial Practice for notarizing
a Deed in favor of her uncle

Ruling:

Yes, Atty. Vallejo committed a violation of the Rules. Section 3, Rule IV of the
Rules on Notarial Practice provides that, among others, a notary public is disqualified
from performing a notarial act if he is a relative by affinity or consanguinity of the
principal within the fourth civil degree.
 Under the New Civil Code, there are two parties in a contract of sale: the seller
and the buyer. Every contract presupposes two principal parties: the seller and the
buyer.

For Atty. Vallejo to argue that only the complainants shall stand as the principals
to the deed of absolute sale is incorrect, only simply because they are the ones who
signed the document. Without the vendee, there can be no contract of sale to speak of.
The Supreme Court also ruled that it was inaccurate for Atty. Vallejo to claim that her
uncle did not participate in the notarial proceedings, as she admitted that her uncle
came to her office together with the complainants for the notarization of the Deed of
Absolute Sale. Atty. Vallejo committed a circumvention of the Rules when she notarized
a document where one of the contracting parties was her relative within the fourth civil
degree.

The notarization of documents is not an empty and meaningless routinary act but
one invested with public interest. Hence, a notary public must observe with utmost care
the basic requirements in the performance of his duties. For this reason, the Supreme
Court found Atty. Vallejo guilty for violating the Rules on Notarial Practice.