21/03/2025
The (SC) has ruled that lawyers cannot be held liable for notarial violations unless there is clear evidence that they knowingly permitted the misuse of their notarial commission.
In a Decision written by Associate Justice Ricardo R. Rosario, the SC’s First Division dismissed the administrative complaint against Attys. Delfin Agcaoili, Jr., Editha Talaboc, and Mark Oliveros (respondents) due to lack of proof that they allowed the unauthorized use of their notarial signatures, notarial seals, and notarial registers for a fee.
The complaint stemmed from the alleged notarization of documents related to criminal cases filed before the Office of the Ombudsman concerning the Malampaya Fund issue. The documents were supposedly notarized using the respondents’ signatures, notarial seals, and registers – allegedly forged by Ben Hur Luy.
The 𝘕𝘰𝘵𝘢𝘳𝘪𝘢𝘭 𝘗𝘳𝘢𝘤𝘵𝘪𝘤𝘦 𝘙𝘶𝘭𝘦𝘴 prohibits notaries from notarizing documents if the signatory is not present and properly identified. The Ombudsman claimed that the respondents allowed others to misuse their notarial registers, stamps, and seals in exchange for money and recommended disciplinary action.
However, the SC held that there was no concrete proof that the respondents willingly allowed the misuse of their notarial registers, stamps, and seals.
It noted several missing elements in the documents, including details such as respondents’ notarial commission serial numbers, office addresses, Integrated Bar of the Philippines chapters, and Professional Tax Receipt numbers. It also found irregularities in the notarial certificates regarding the validity of their notarial commissions.
Read the full text of the Press Release at https://tinyurl.com/mpwwhmrv.
Read the full text of the Decision at https://tinyurl.com/4dtxmphe.
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