Cited Laws
TL;DR — Ruling
the case was to be deemed submitted for resolution.
Accordingly, it granted that request in its Order [17] dated July 24, 2001, issued through Commissioner Cimafranca. It thereby directed the parties to submit their respective memoranda within fifteen days from receipt of the Order, after which the case was to be deemed submitted for resolution. The CBD received complainants Memorandum [18] on September 26, 2001. Respondent did not file any. The IBPs Recommendation On September 27, 2003, the IBP Board of Governors issued Resolution No. XVI-2003-172 [19] approving and adopting the Investigating Commissioners Report that respondent had violated specific requirements of the Notarial Law on the execution of a certification, the entry of such certification in the notarial register, and the indication of the affiants residence certificate. The IBP Board of Governors found his excuse for the violations unacceptable. It modified, however, the recommendation [20] of the investigating commissioner by increasing the fine to P3,000 with a warning that any repetition of the violation will be dealt with a heavier penalty. The other charges -- violation of Section 27 of Rule 138 of the Rules of Court; and Canons 1.01 to 1.03, 12.07 and 12.08 of the CPR --were dismissed for insufficiency of evidence. The Courts Ruling We agree with the Resolution of the IBP Board of Governors. Respondents Administrative Liability Violation of the Notarial Law The Notarial Law is explicit on the obligations and duties of notaries public. They are required to certify that the party to every document acknowledged before them has presented the proper residence certificate (or exemption from the residence tax); and to enter its number, place of issue and date as part of such certification. [21] They are also required to maintain and keep a notarial register; to enter therein all instruments notarized by them; and to give to each instrument executed, sworn to, or acknowledged before [them] a number corresponding to the one in [their] register [and to state therein] the page or pages of [their] register, on which the same is recorded. [22] Failure to perform these duties would result in the revocation of their commission as notaries public. [23] These formalities are mandatory and cannot be simply neglected, considering the degree of importance and evidentiary weight attached to notarized documents. Notaries public entering into their commissions are presumed to be aware of these elementary requirements. In Vda. de Rosales v. Ramos, [24] the Court explained the value and meaning of notarization as follows: The importance attached to the act of notarization cannot be overemphasized. 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. Notarization converts a private document into a public document thus making that document admissible in evidence without further proof of its authenticity. A nota