Letter to a Lawyer

[Date]
Dear Attorney,

I hope this message finds you well. I am writing to seek your legal advice regarding a matter involving a notarized document submitted to Pasig's Bulwagan ng Katarungan through its archive office. It appears that the document is being contested because the Notary Public, identified as Atty. Francisco Makapugay, does not appear on their roster list of recognized Notary Public attorneys.

Could you kindly provide your insights on the following concerns:

The implications of submitting a document notarized by a Notary Public who is allegedly not on the recognized roster.
The validity of notarized documents executed by such a Notary Public.
Any remedies available to validate or challenge the document in question.
Steps to verify the credentials and commissions of Notary Public attorneys in the Philippines.

Your expertise in this matter will be greatly appreciated. Thank you in advance for your guidance.

Sincerely,
A Concerned Individual

Legal Issues and Remedies: Understanding the Recognition of Notaries Public in the Philippines

In the Philippines, notarization serves as a critical process to authenticate documents and affix a presumption of regularity and veracity. However, this presumption can be challenged when issues arise, such as the alleged non-inclusion of a Notary Public in a recognized roster. This article examines the implications of such a situation, remedies available, and preventive measures to avoid disputes concerning notarized documents.

1. The Role and Authority of Notaries Public in the Philippines

A Notary Public in the Philippines is a lawyer commissioned by the Executive Judge of the Regional Trial Court (RTC) of the city or province where they intend to perform their notarial duties. Notaries Public are governed by A.M. No. 02-8-13-SC, also known as the 2004 Rules on Notarial Practice. The Rules mandate that only commissioned lawyers may notarize documents within their authorized jurisdiction.

Requirements for Commissioning:

To be commissioned as a Notary Public, a lawyer must meet the following criteria:

Possession of an updated membership in the Philippine Bar.
Proof of good moral character and no history of administrative or criminal offenses.
Residency or a regular place of business in the jurisdiction where the notarial commission is sought.

The Notary Public is required to maintain a notarial register and submit periodic reports to the Executive Judge. Moreover, their commission details are typically recorded in the RTC's database and may be accessible for public verification.

2. Implications of Non-Recognition of a Notarized Document

When a notarized document is executed by a person whose name does not appear in the official roster of commissioned Notaries Public, several issues arise:

2.1. Lack of Presumption of Regularity

A notarized document enjoys a presumption of regularity, meaning courts and government offices generally accept it as authentic without requiring further proof. However, if the Notary Public is unlisted or uncommissioned, the document may lose this presumption and face challenges.

2.2. Invalidation Risk

Under Section 1 of Rule IV of the 2004 Rules on Notarial Practice, notarization by an uncommissioned individual renders the document legally questionable. Courts or administrative offices may declare such documents as void or inadmissible as evidence, affecting the enforceability of rights or obligations arising from the document.

2.3. Ethical and Criminal Liability

The unauthorized notarization of documents constitutes malpractice. Both the Notary Public (if uncommissioned) and any parties complicit in the act may face penalties, including:

Administrative sanctions (disbarment or suspension from legal practice).
Criminal prosecution for falsification of documents under Article 171 of the Revised Penal Code.

3. Remedies and Courses of Action

Should a notarized document face challenges based on the non-recognition of the Notary Public, several remedies are available to parties seeking resolution:

3.1. Verification of Notary Public Status

Verify the alleged Notary Public’s commission through the RTC where they claim to be registered. This can be done by requesting:

A certified true copy of the commission order.
Copies of submitted notarial reports.
Inclusion in the official Notarial Register.

3.2. Judicial Validation of the Document

In certain cases, parties may petition the court to validate the notarized document based on substantial compliance. While rare, courts may consider extrinsic evidence to affirm the authenticity of the document, particularly when public records or other corroborative evidence support its execution.

3.3. Re-Execution of the Document

If the document is invalidated due to improper notarization, the parties can re-execute and have it notarized by a duly commissioned Notary Public. This approach avoids the complexities of judicial validation and ensures compliance with legal requirements.

3.4. Filing Complaints Against Erring Notaries Public

Affected parties may lodge administrative complaints with the Integrated Bar of the Philippines (IBP) or the Supreme Court’s Office of the Bar Confidant. These complaints can lead to disciplinary actions against the lawyer for malpractice or ethical violations.

4. Preventive Measures: Ensuring Proper Notarization

To avoid issues with notarized documents, parties should take the following precautions:

4.1. Pre-Execution Verification

Before submitting a document for notarization, verify the Notary Public’s commission. This can be done through the RTC of the locality where the notary operates.

4.2. Adherence to the Rules on Notarial Practice

Ensure that the notarial act complies with the prescribed formalities under the 2004 Rules on Notarial Practice, such as:

Proper identification of signatories.
Inclusion of a notarial certificate specifying the type of document and date of execution.
Recording of the transaction in the Notary Public’s notarial register.

4.3. Retention of Copies

Retain photocopies of notarized documents and receipts issued by the Notary Public. These may serve as evidence if the document’s validity is questioned.

5. Case Law and Legal Precedents

Philippine jurisprudence provides guidance on the treatment of improperly notarized documents. In Tam Wing Tak v. Makasiar (G.R. No. 146274), the Supreme Court emphasized the importance of compliance with notarial formalities. Similarly, in Julian v. Bautista (G.R. No. 213257), the Court invalidated a notarized document for failing to meet the requirements set by the Rules on Notarial Practice.

Conclusion

The rejection of a notarized document due to the Notary Public’s non-recognition underscores the critical role of proper notarization in safeguarding legal transactions. Parties affected by such disputes must act promptly to verify the notary’s credentials, seek judicial remedies if necessary, and implement safeguards to ensure future compliance. Legal professionals, on their part, must uphold the integrity of the notarial process to maintain public trust in legal documents.