Petitioner vs. vs. Respondent: en Banc

EN BANC
[A.C. No. 500 . September 27, 1967.]
TAHIMIK RAMIREZ , petitioner, vs. ATTY. JAIME S. NER , respondent.
SYLLABUS
1. NOTARIAL LAW; NOTARIAL DOCUMENT; DUTY OF NOTARIES PUBLIC. — A

notarial document is by law entitled to full faith and credit upon its face, and for this
reason, notaries public must observe with the utmost care to comply with the
elementary formalities in the performance of their duties. Otherwise, the con dence of
the public in the integrity of this form of conveyance would be undermined.
2. ID.; NOTARY PUBLIC MAY BE HELD TO ACCOUNT FOR DISGRACEFUL OR
IMMORAL ACT. — A member of the bar who performs an act as a notary public of a
disgraceful or immoral character may be held to account by the Court even to the
extent of disbarment (In Re Rusiana, Adm. Case No. 270, May 29, 1959).
3. ATTORNEYS-AT-LAW; NOTARIZING DEED OF SALE WITHOUT PRESENCE OF
VENDEE; REPRIMAND. — A notary public who notarize a deed of sale without the
vendee having appeared nor a xed the latter's signature before him deserves a
reprimand to impress upon him the heavy responsibility he assumes as a lawyer and as
a notary public.
DECISION
MAKALINTAL , J : p
This is a proceeding for disbarment.

Respondent Jaime S. Ner, a member of the Philippine Bar, is charged with
violation of his oath as lawyer and as notary public for having notarized a deed of sale
of a motor vehicle the acknowledgment clause whereof recited falsely that both the
vendor and the vendee personally appeared before him.
The evidence shows that on April 5, 1960 respondent's o ce mate and friend.
Atty. Gavino Abaya, Jr. presented to him for notarization a duly prepared and typed
deed of sale of Abaya's car. The acknowledgment clause reads:
"BEFORE ME, personally appeared GAVINO ABAYA, JR. with Residence
Certi cate No. A-141180 issued on January 5, 1960 at Manila and EDWARDO I.
REYES with Residence Certi cate No. A-5092784 issued on February 1, 1960 at
Quezon City, known to me to be the same persons who executed the foregoing
instrument and acknowledged that the same is their free act and deed.
"IN WITNESS WHEREOF, I have hereunto a xed my hand and seal this 5th
day of April, 1960 in the City of Manila, Philippines."
The signatures of Abaya, as vendor and of his witness were duly a xed and
acknowledged by them before respondent. But the alleged vendee and another witness
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were not then presented. Respondent was prevailed upon to notarize the deed on
Abaya's promise that he would not part with a single copy thereof but would only show
it to the buyer whom he promised to bring to respondent's o ce the next day not only
to execute and acknowledge the document, together with another witness, but also to
pay the consideration therefor in respondent's presence.
However, in the afternoon of the same day Abaya informed respondent that his
car object of the proposed sale had been stolen by Reyes and his companions, together
with all the copies of the notarized deed, the certi cate of registration of the car, and
the certi cate of tax payment. Respondent thereupon annotated in the corresponding
entry in his notarial register the remarks "stolen and cancelled."
Meanwhile, on the strength of the stolen deed of sale and certi cate of
registration of the motor vehicle, the supposed vendee was able to obtain from the
Cavite City branch of the Motor Vehicles O ce — now Land Transportation
Commission — a new certi cate of registration in his name. Reyes subsequently sold
the car to herein petitioner, who now claims that he bought the car in good faith, relying
principally on the apparent authenticity of the deed of sale purporting to vest ownership
of the motor vehicle in Reyes, which deed had been notarized by respondent.
Later on a criminal information for quali ed theft (Crim. Case No. 5146-P) was
led in the Court of First Instance of Rizal against the alleged perpetrators. Included as
defendants were Reyes and Ramirez, the subsequent purchaser. Reyes was found guilty
and sentenced accordingly, while Ramirez was acquitted on grounds of reasonable
doubt.
It was during the trial of the above-mentioned criminal case that respondent
admitted having notarized the deed of sale notwithstanding the fact that the vendee did
not appear before him, much less a x his signature to the document in his presence. In
defence respondent maintains that his having signed and a xed his notarial seal did
not complete that act of notarization, since it was still necessary that the vendee should
appear to sign and acknowledge the instrument. In other words, respondent submits
that in a xing his signature and notarial seal to the instrument, which was admittedly
incomplete, he did not violate his oath as lawyer nor transgress any law so as to
warrant disciplinary action.
We believe it is unnecessary to consider respondent's contention as to the
incompleteness of the instrument. It may be true that the subsequent unauthorized
signature of the supposed vendee did not convert the instrument into a validly
notarized one. But what is material insofar as this proceeding is concerned is the fact
that respondent did sign and a x his notarial seal on a document which on its face and
by respondent's own admission was incomplete, certifying thereby that the vendee had
personally appeared before him and acknowledged having executed the same. Had it
not been for the notarized deed of sale the motor vehicle could not have possibly been
registered in the name of the vendee and could not have been subsequently conveyed
by him to petitioner, who relied upon the apparent regularity of the transaction. It was
respondents' ill- advised act which afforded an unscrupulous third party the opportunity
to consummate and give an appearance of legality to an illegal purpose. A notarial
document is by law entitled to full faith and credit upon its face, and for this reason
notaries public must observe the utmost care to comply with the elementary
formalities in the performance of their duties. Otherwise the con dence of the public in
the integrity of this form of conveyancing would be undermined.
All too often, in the name of friendship a notary public unwittingly lends the
authority of his signature and notarial seal to an incomplete instrument. He assumes
his act to be harmless, little realizing that he may thereby facilitate the commission of
fraud by others.
We held once "that a member of the bar who performs an act as a notary public
of a disgraceful or immoral character may be held to account by the Court even to the
extent of disbarment." (In re Rusiana, Adm. Case No. 270, May 29, 1959.) Withal, we
believe that the act committed by respondent here is not serious enough to justify
disbarment. It merely suggests lack of caution, not culpable malpractice or immorality
and does not merit the penalty of either suspension or disbarment.
A reprimand, as recommended by the Solicitor-General, would be su cient to
impress upon respondent the heavy responsibility he assumes as a lawyer and as a
notary public, especially considering that he was honest enough to admit, in the trial of
the criminal case, the irregularity of the procedure he followed.
IN VIEW OF THE FOREGOING, respondent is hereby reprimand and admonished
to be more careful hereafter, upon pain of being dealt with more severely by this Court.
Concepcion, C.J., Reyes, J.B.L., Dizon, Zaldivar, Sanchez, Castro, Angeles and
Fernando, JJ., concur.
Bengzon, J.P., J., did not take part.

Petitioner vs. vs. Respondent: en Banc

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EN BANC

[A.C. No. 500 . September 27, 1967.]

TAHIMIK RAMIREZ , petitioner, vs. ATTY. JAIME S. NER , respondent.

1. NOTARIAL LAW; NOTARIAL DOCUMENT; DUTY OF NOTARIES PUBLIC. — A

This is a proceeding for disbarment.

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