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982 Sps. Balbin Vs Baranda

Atty. Mariano Baranda notarized loan documents for spouses Balbin even though one spouse, Dolores, was not present at the notarization. Under notarial law, all signatories must be present for the notarization. By admitting he notarized the documents without Dolores present, Atty. Baranda is administratively liable for violating notarial law. Notarization is an important act that converts a private document into a public one entitled to full faith and credit. Notaries must follow all legal requirements with utmost care.

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149 views1 page

982 Sps. Balbin Vs Baranda

Atty. Mariano Baranda notarized loan documents for spouses Balbin even though one spouse, Dolores, was not present at the notarization. Under notarial law, all signatories must be present for the notarization. By admitting he notarized the documents without Dolores present, Atty. Baranda is administratively liable for violating notarial law. Notarization is an important act that converts a private document into a public one entitled to full faith and credit. Notaries must follow all legal requirements with utmost care.

Uploaded by

erica peji
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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LEGAL ETHICS; NOTARIAL LAW; PRESENCE OF PERSON WHO SIGNED THE

DOCUMENT

Question: Spouses Balbin entered into a loan agreement with Rapu-Raponhon


Lending Company. To secure the loan, the latter's Manager, Charles M. Guianan, asked
them to affix their signatures on two blank documents, specifically a Deed of Real
Estate Mortgage and a Promissory Note. Atty. Mariano Baranda notarized the subject
documents without Dolores' presence, which he admitted in open court before the RTC.
Is Atty. Mariano administratively liable?

Answer: Yes. Under Section 2 (b), Rule IV of the prevailing 2004 Rules on Notarial
Practice, "[a] person shall not perform a notarial act if the person involved as signatory
to the instrument or document x x x is not in the notary's presence personally at the time
of the notarization[.]"

In the present case, respondent explicitly admitted that he violated the foregoing
requirement by notarizing the subject documents despite the fact that one of the parties-
signatories thereto, Dolores, failed to personally appear before him. As such, he should
be held administratively liable for his professional indiscretion. Notaries Public have
been repeatedly reminded that they must be mindful of the significance of the notarial
act when performing their duties. Notarization is not an empty, meaningless, or routinary
act. Rather, it converts a private document into a public one and renders it admissible in
court without further proof of its authenticity. A notarial document is by law entitled to full
faith and credit upon its face and, for this reason, notaries public are mandated to
observe with the utmost care the basic requirements in the performance of their duties.
In this light, lawyers commissioned as notaries public have been reminded that
compliance with the Notarial Law is in line with their solemn oath under the CPR to obey
the laws and to do no falsehood or consent to the doing of any. (Spouses Balbin vs
Baranda, A. C. No. 12041, November 5, 2018, Perlas-Bernabe, J.)

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