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Notarial - Santiago Vs Rafanan - Notarial

This case involved the disbarment of Atty. Edison Rafanan for violations of the Notarial Law. Complainant Jonar Santiago alleged that Rafanan failed to properly notarize several documents by omitting required information like the affiants' residence certificates and registration details in the notarial register. Rafanan claimed these omissions were allowed for affidavits related to court cases. The Court held that Rafanan violated the Notarial Law, which explicitly requires notaries public to certify residence certificates and record all notarized documents in the register with corresponding page numbers. Notarization converts private documents into public evidence, so notaries must strictly follow formalities to protect the integrity and evidentiary value of notarized

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192 views2 pages

Notarial - Santiago Vs Rafanan - Notarial

This case involved the disbarment of Atty. Edison Rafanan for violations of the Notarial Law. Complainant Jonar Santiago alleged that Rafanan failed to properly notarize several documents by omitting required information like the affiants' residence certificates and registration details in the notarial register. Rafanan claimed these omissions were allowed for affidavits related to court cases. The Court held that Rafanan violated the Notarial Law, which explicitly requires notaries public to certify residence certificates and record all notarized documents in the register with corresponding page numbers. Notarization converts private documents into public evidence, so notaries must strictly follow formalities to protect the integrity and evidentiary value of notarized

Uploaded by

Drew MG
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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LEGAL ETHICS

SANTIAGO V. RAFANAN
(A.C. No. 6252, October 05, 2004)

This is a disbarment case against Atty. Edison Rafanan filed by Jonar Santiago, an employee of the Bureau of Jail Management & Penology (BJMP). It charged Atty. Rafanan with violation of the Rules on Notarial Practice, among others. Complainant alleged, among others, that Respondent in notarizing several documents on different dates failed and/or refused to: a)make the proper notation regarding the cedula or community tax certificate of the affiants; b) enter the details of the notarized documents in the notarial register; and c) make and execute the certification and enter his PTR and IBP numbers in the documents he had notarized, all in violation of the notarial provisions of the Revised Administrative Code. Respondent claimed that he believed that the non-notation of their Residence Certificates in the Affidavits and the Counter-affidavits was allowed. He opined that the notation of residence certificates applied only to documents acknowledged by a notary public and was not mandatory for affidavits related to cases pending before courts and other government offices. He pointed out that in the latter, the affidavits, which were sworn to before government prosecutors, did not have to indicate the residence certificates of the affiants. ISSUE: Did Atty. Rafanan violate the Notarial Law? HELD: Yes, the Court held that Atty. Rafanan violated the Notarial Law. The Court in its Decision stated: 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. 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. Failure to perform these duties would result in the revocation of their commission as notaries public. 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, 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 notarial document is by law entitled to full faith and credit upon its face. Courts, administrative agencies and the public at large must be able to rely upon the

Digest by: MA FARAH B SOLLANO Page 1 of 2

LEGAL ETHICS
acknowledgment executed by a notary public and appended to a private instrument.

Digest by: MA FARAH B SOLLANO Page 2 of 2

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