Title
Spouses Tan vs. Vallejo
Case
A.C. No. 11219
Decision Date
Mar 16, 2022
A notary public violated rules by notarizing a property sale involving her uncle, a prohibited relative, despite his unsigned role as buyer.
A

Case Summary (A.C. No. 11219)

Petitioner (Complainants)

Spouses Antonio and Josefa Perla Tan filed a Joint Complaint‑Affidavit dated March 3, 2016, alleging that on September 21, 2012 respondent notarized a Deed of Absolute Sale and an Affidavit of Confirmation of Sale by which they purportedly sold their land to Arnold C. Vallejo, Sr. They allege they did not appear or sign the documents before respondent and had no part in preparing them; they further assert Vallejo, Sr. prepared the documents, visited their home, and persuaded them to sign under the pretense that the papers would be used only to facilitate his loan application.

Respondent’s Position

Respondent submitted a Comment (Oct. 21, 2016) and Position Paper (Feb. 9, 2018). She avers that on September 21, 2012 the complainants and Vallejo, Sr. came to her law office and presented the Deed and Affidavit for notarization; only the complainants had signed the documents when presented to her. She states she read and explained the documents to the complainants, who signified conformity, and she then notarized them. Respondent contends Vallejo, Sr. was not a signatory and that the complaint was filed years later because of a souring of relations between the complainants and Vallejo, Sr.

Key Dates

  • Date of notarized instruments (alleged): September 21, 2012.
  • Complaint filed: March 3, 2016.
  • IBP mandatory conference appearance by respondent: December 5, 2017.
  • IBP‑CBD Report: October 30, 2019.
  • IBP Board of Governors Resolution adopting report: June 27, 2020.
  • Decision of the Court: March 16, 2022.

Applicable Law and Constitutional Basis

Applicable constitution: 1987 Philippine Constitution (decision date post‑1990). Governing rule on notarial practice: A.M. No. 02‑8‑13‑SC (2004 Rules on Notarial Practice), specifically Section 3(c), Rule IV on disqualifications for performing notarial acts. Civil law reference: Article 1458, New Civil Code (definition of contract of sale and its essential elements).

Proceedings Before the IBP

Pursuant to the Court’s referral (Resolution, Jan. 18, 2017), the Integrated Bar of the Philippines investigated. The IBP Commission on Bar Discipline recommended dismissal for lack of merit on the ground that the instruments bore only the complainants’ signatures, so respondent could not be deemed to have violated the notarial rules. The IBP Board of Governors adopted that recommendation. The matter was subsequently before the Court.

Legal Issue Presented

Whether respondent violated Section 3(c), Rule IV of the 2004 Rules on Notarial Practice by notarizing documents that effect a sale in favor of her uncle, a relative within the fourth civil degree, when the uncle’s signature did not appear on the instruments.

Statutory Standard (Section 3(c), Rule IV)

Section 3(c), Rule IV disqualifies a notary public from performing a notarial act if the notary “is a spouse, common‑law partner, ancestor, descendant, or relative by affinity or consanguinity of the principal within the fourth civil degree.” The rule is a categorical disqualification designed to prevent conflicts and preserve public confidence in notarized instruments.

Contractual Principles Applied

Article 1458 defines a contract of sale as obligating one party to transfer ownership and the other to pay a price certain. A sale requires two principal parties (vendor and vendee) and is consensual; consent (meeting of offer and acceptance) is essential. A document signed only by vendors can still be a unilateral deed of sale, but the vendee remains a principal party to the transaction; the absence of the vendee’s signature on the document does not negate the vendee’s status as a party to the sale.

Court’s Factual and Legal Analysis

The Court emphasized that the Deed and Affidavit express sale to Arnold C. Vallejo, Sr. and that respondent admitted that Vallejo, Sr. attended the notarization. Because Vallejo, Sr. was the vendee and is a relative within the fourth civil degree of respondent (paternal uncle), respondent was statutorily disqualified from notarizing the instruments under Section 3(c), Rule IV. The Court rejected respondent’s contention that the absence of the vendee’s signature absolved her; allowing that argument would create a dangerous precedent enabling circumvention of the disqualification by using unilateral deeds to accomplish indirectly what the Rules prohibit directly.

Public Interest in Notarization

The Court reiterated that notarization is not a mere formality but converts a private document into one entitled to ful

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