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SC Suspends Lawyer for Notarizing Document Without Valid Proof of Identity
Notarization serves as a critical function in legal transactions, providing authentication and preventing fraud. Notaries public are obligated to exercise utmost care in verifying the identities and personal circumstances of individuals executing documents to maintain the integrity of notarized instruments.
Factual Antecedents:
On January 12, 2005, Evelyn Gamboa obtained a loan of ₱421,000 from Spouses Leonardo and Cristina Saplan, securing it with a Deed of Real Estate Mortgage on property registered under her name. The mortgage deed, notarized by Atty. Winifred L. Cruz, indicated Evelyn's civil status as "single."
However, Evelyn had been married to complainant Efren D. Gamboa since May 16, 1996. Efren, who was working abroad at the time, was unaware of the transaction and only discovered it after Evelyn's death on March 1, 2006.
He subsequently filed a complaint against Atty. Cruz, alleging negligence in notarizing the document without proper verification of Evelyn's true civil status.
Parties' Contentions:
Efren Gamboa contended that Atty. Cruz violated the 2004 Rules on Notarial Practice by notarizing the mortgage deed without requiring competent evidence of identity and failing to ascertain Evelyn's marital status, which necessitated spousal consent for the transaction.
Atty. Cruz argued that he had no personal knowledge of Evelyn's marriage and that she presented herself as single, with supporting documents, including the title and previous transactions, reflecting her as unmarried. He claimed there was no indication to suspect otherwise and that he relied on the representations made by Evelyn and the documents presented.
The Supreme Court's Ruling:
The Supreme Court found Atty. Cruz administratively liable for notarizing the document without proper verification of the signatory's identity and civil status. The Court emphasized that the 2004 Rules on Notarial Practice require notaries to obtain competent evidence of identity, such as government-issued identification bearing the individual's photograph and signature.
A Community Tax Certificate (CTC), which lacks these features, is insufficient for this purpose. Furthermore, the Court highlighted the notary's duty to exercise utmost care in ascertaining the personal circumstances of the parties involved to prevent fraudulent transactions.
Reason for the Ruling:
The Court reasoned that Atty. Cruz's reliance on a CTC and the representations made by Evelyn without further verification constituted negligence. By failing to require proper identification and to investigate Evelyn's true civil status, Atty. Cruz compromised the integrity of the notarization process and facilitated a transaction that adversely affected the rights of the complainant. The Court underscored that notaries public must adhere strictly to the rules governing their duties to maintain public trust in notarized documents.
As a result, the Supreme Court suspended Atty. Winifred L. Cruz from the practice of law for six months, revoked his notarial commission, and prohibited him from being commissioned as a notary public for two years. This decision reinforces the obligation of notaries to exercise utmost care and diligence in their professional duties to uphold the authenticity and reliability of notarized documents.
⚖️. Efren D. Gamboa vs. Atty. Winifred L. Cruz (A.C. No. 11042)
Notarization serves as a critical function in legal transactions, providing authentication and preventing fraud. Notaries public are obligated to exercise utmost care in verifying the identities and personal circumstances of individuals executing documents to maintain the integrity of notarized instruments.
Factual Antecedents:
On January 12, 2005, Evelyn Gamboa obtained a loan of ₱421,000 from Spouses Leonardo and Cristina Saplan, securing it with a Deed of Real Estate Mortgage on property registered under her name. The mortgage deed, notarized by Atty. Winifred L. Cruz, indicated Evelyn's civil status as "single."
However, Evelyn had been married to complainant Efren D. Gamboa since May 16, 1996. Efren, who was working abroad at the time, was unaware of the transaction and only discovered it after Evelyn's death on March 1, 2006.
He subsequently filed a complaint against Atty. Cruz, alleging negligence in notarizing the document without proper verification of Evelyn's true civil status.
Parties' Contentions:
Efren Gamboa contended that Atty. Cruz violated the 2004 Rules on Notarial Practice by notarizing the mortgage deed without requiring competent evidence of identity and failing to ascertain Evelyn's marital status, which necessitated spousal consent for the transaction.
Atty. Cruz argued that he had no personal knowledge of Evelyn's marriage and that she presented herself as single, with supporting documents, including the title and previous transactions, reflecting her as unmarried. He claimed there was no indication to suspect otherwise and that he relied on the representations made by Evelyn and the documents presented.
The Supreme Court's Ruling:
The Supreme Court found Atty. Cruz administratively liable for notarizing the document without proper verification of the signatory's identity and civil status. The Court emphasized that the 2004 Rules on Notarial Practice require notaries to obtain competent evidence of identity, such as government-issued identification bearing the individual's photograph and signature.
A Community Tax Certificate (CTC), which lacks these features, is insufficient for this purpose. Furthermore, the Court highlighted the notary's duty to exercise utmost care in ascertaining the personal circumstances of the parties involved to prevent fraudulent transactions.
Reason for the Ruling:
The Court reasoned that Atty. Cruz's reliance on a CTC and the representations made by Evelyn without further verification constituted negligence. By failing to require proper identification and to investigate Evelyn's true civil status, Atty. Cruz compromised the integrity of the notarization process and facilitated a transaction that adversely affected the rights of the complainant. The Court underscored that notaries public must adhere strictly to the rules governing their duties to maintain public trust in notarized documents.
As a result, the Supreme Court suspended Atty. Winifred L. Cruz from the practice of law for six months, revoked his notarial commission, and prohibited him from being commissioned as a notary public for two years. This decision reinforces the obligation of notaries to exercise utmost care and diligence in their professional duties to uphold the authenticity and reliability of notarized documents.
⚖️. Efren D. Gamboa vs. Atty. Winifred L. Cruz (A.C. No. 11042)
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