NOTARIES public in Cebu City who violated the 2004 Notarial Practice Rules have been given another chance to serve following a recent surprise inspection that uncovered serious infractions.
Violations included notarizing documents without the signatories being present.
The notaries public were allowed to retake their oaths on Wednesday, Aug. 21, 2024, following the inspection conducted on Aug. 9 by Cebu City Executive Judge Marlon Jay Moneva.
The inspection, which included a review of notarial registers and adherence to protocols, revealed that while some notaries complied with the rules, many had been flagrantly violating them.
Common violations identified included the use of “barkers” near City Hall to solicit clients, notarizing documents in the absence of the signatories, and failing to properly verify the identities of individuals signing documents, the Regional Trial Court Cebu City-Office of the Executive Judge reported on its Facebook page.
Some notaries also allowed their secretaries or employees to sign documents on their behalf without authorization, and in some cases, the official addresses listed were not where the businesses actually operated.
During a meeting with notaries public on Aug. 21, Moneva emphasized the seriousness of these violations and the potential impact on public confidence in the notarial system.
Moneva warned that any future infractions would be met with stricter scrutiny and formal judicial proceedings.
Cebu City Second Vice Executive Judge Anacleto Debalucos, chairman of the Task Force Honesto Notario, reinforced that the oath taken by notaries is a solemn commitment to uphold the law and maintain the highest ethical standards.
The notaries were instructed to immediately rectify their practices and were reminded of the crucial role they play in the legal system, particularly in ensuring the authenticity and legal enforceability of important documents.
“The next time I meet with you in court for allegations of violations of the Rules, I will be wearing my judicial robe, and you might not like what you will hear from me,” Moneva said.
Only lawyers are qualified to become notaries public in the Philippines.
A lawyer who has passed the bar tests, taken an oath, and is in good standing with the legal profession is qualified to be a notary public, according to the 2004 Rules on Notarial Practice.
They also need to submit a petition to the Executive Judge of the Regional Trial Court within their jurisdiction for a notarial commission. / CDF