Notarization is not a mere formality. In a decision dated August 26, 2026, the Supreme Court en banc suspended a lawyer from practicing law for one year over election documents bearing his notarial seal that turned out to be backdated.
What happened
The case was filed by the Comelec Campaign Finance Office against Atty. Paisal Padate. It involved a candidate’s Statement of Contributions and Expenditures (SOCE) and Schedule of Expenditures, which bore Padate’s notarial seal and were dated June 2010.
Comelec found that the official forms used were not printed or issued until 2013, three years after their supposed notarization. The documents had clearly been backdated to make them look compliant.
The lawyer’s defense
Padate claimed that unknown persons had forged his signature, copied his seal, and used his credentials without his permission. He pointed to his past service as a provincial election supervisor as proof that he would never knowingly notarize falsified documents.
The Court rejected the defense for lack of proof. Uncorroborated claims cannot outweigh documents that carry the notary’s commission details and signature, which the Court treated as substantial evidence of notarization.
Notarial lapses found
Beyond the backdating, the Court found that Padate violated the Rules on Notarial Practice in several ways:
- No competent evidence of identity of the person who appeared before him, which the Court called a substantive lapse;
- Inconsistent docket numbers in the notarized documents; and
- a “marked indifference” to notarial requirements.
The penalty
- One-year suspension from the practice of law;
- Revocation of his existing notarial commission; and
- Disqualification from being commissioned as a notary public for two years.
A contrast with another case
In 2025, the Supreme Court dismissed a complaint against lawyers whose notarial seals had been misused, because there was no proof they allowed the misuse. The difference is evidence. Here, the documents bearing the lawyer’s seal stood unrebutted, and his forgery claim was not substantiated.
Lessons for clients and notaries
- For clients: Never ask a notary to backdate a document, and never sign a notarized document without personally appearing. A defective notarization can make your document worthless when you need it most.
- For notaries: Always require competent evidence of identity, keep a complete and accurate notarial register, and guard your seal and commission details.
- Electronic notarization helps. Under the Supreme Court’s new e-notarization rules, identities are verified digitally, sessions are recorded, and notarized documents are automatically sent to the Supreme Court Central Notarial Database. This makes backdating far harder.
Notarize with confidence
Recososa Law Firm provides both traditional and electronic notarization done properly and by the book. Learn about our eNotarization service or contact us to book an appointment.
This article is a simplified summary of a reported Supreme Court decision for general information only. It is not legal advice.