PHYSICAL PRESENCE OF THE AFFIANTS

Angeles et al vs. Atty. Ibañez

A.C. No. 7860, January
15, 2009 Carpio, J.

DOCTRINE: The physical presence of the affiants enables the notary public to verify the
genuineness of the signatures of the acknowledging parties and to ascertain that the
document is the parties' free act and deed.

FACTS: This case rooted from a complaint filed by complainants against Atty. Ibañez for
allegedly notarizing a document entitled “Extrajudicial Partition with Absolute Sale”
without them appearing before him and without a valid commission. Atty Ibañez
contended that his failure to require the presence of complainants was due to assurance of
Rosalina Angeles (one of the complainants) that the signatures appearing in the said
document were indeed those of her co- heirs. Finding that Atty. Ibañez indeed notarized
the EPAA in the absence of the parties to it and without a notarial commission, the IBP
recommended that Atty. Ibañez be barred from being commissioned as a notary public for
two (2) years and be suspended from the practice for a period of one (1) year for
misconduct.

ISSUE: Whether Atty. Ibañez is guilty of

misconduct. RULING: YES.

Section 2(b) of Rule IV of the Rules on Notarial Practice of 2004 reads:

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 or otherwise identified
by the notary public through competent evidence of identity as defined by these Rules.

The physical presence of the affiants enables the notary public to verify the
genuineness of the signatures of the acknowledging parties and to ascertain that the
document is the parties' free act and deed.

Notarization of a private document converts such document into a public one and
renders it admissible in court without further proof of its authenticity. Courts,
administrative agencies, and the public at large must be able to rely upon the
acknowledgment executed by a notary public and appended to a private instrument.
Notarization is not an empty routine; to the contrary, it engages public interest in a
substantial degree and the protection of that interest requires preventing those who are not
qualified or authorized to act as notaries public from imposing upon the public and the
courts and administrative offices generally.

Under the facts and circumstances of the case, respondent's notarial commission should not
only be suspended but respondent must also be suspended from the practice of law.