Vda. De Rosales v. Ramos 383 SCRA 498 (2002)

FACTS:

1.      Manuel A. Bernardo, brother of complainant Rosalinda Bernardo Vda. de Rosales, borrowed  from Rosalinda the PCT of a lot in her name. The lot measures 112 square meters and is located at the back of Manuel's house on Fabie Street, Paco, Metro Manila. 

2.      Rosalinda sold this lot to one Alfredo P. Castro.  When she asked her brother Manuel to return her title he refused. Rosalinda then executed an Affidavit of Loss of her title and presented the affidavit to the Register of Deeds of Manila.

3.      Rosalinda was informed by the Register of Deeds that her title to the property was already transferred to Manuel by virtue of a Deed of Absolute Sale she purportedly executed in favor of Manuel.  The document was notarized by respondent Atty. Mario G. Ramos and entered in his Notarial Register. Rosalinda however denied having signed any deed of sale over her property in favor of Manuel.

4.      Atty. Ramos admitted in his Answer that he had affixed his signature on the purported Deed of Absolute Sale but failed to enter the document in his Notarial Registry Book.  He also admitted executing before the NBI on an affidavit regarding the matter.

5.      Respondent prayed for the dismissal of the complaint since according to him he only inadvertently signed the purported Deed of Absolute Sale and/or that his signature was procured through mistake, fraud, undue influence or excusable negligence, claiming that he simply relied on the assurances of Manuel that the document would not be used for illegal purposes. The respondent further claims to have notarized the document out of sympathy for his kababayan is not a legitimate excuse. It is appalling that respondent did away with the basics of notarial procedure in order to accommodate the alleged need of a friend and client.

ISSUE: Should the notarized documents be recorded in the notarial registry in order to be considered as public document?

RULING: Yes. If it is not recorded in the notarial registry then the document is not considered notarized.

The notary public is further enjoined to record in his notarial registry the necessary information regarding the document or instrument notarized and retain a copy of the document presented to him for acknowledgment and certification especially when it is a contract. The notarial registry is a record of the notary public's official acts.  Acknowledged documents and instruments recorded in it are considered public documents.  If the document or instrument does not appear in the notarial records and there is no copy of it therein, doubt is engendered that the document or instrument was not really notarized, so that it is not a public document and cannot bolster any claim made based on this document.  Considering the evidentiary value given to notarized documents, the failure of the notary public to record the  document in his notarial registry is tantamount to falsely making it appear that the document was notarized when in fact it was not.