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Face complaints over alleged fake counter-affidavit — DOJ
By Nidz Godino
“This is really about counter-affidavit, not just notarization…these lawyers, counter-affidavit came from them…they were ones who attached it to motion to admit, and they were ones who made it part of record at DOJ,” Justice Undersecretary Nicholas Ty said lawyers of dismissed Bamban, Tarlac mayor Alice Guo could face complaints for their role in submitting alleged fake counter-affidavit in her trafficking case.
This was revealed by Ty when he was asked about validity of dismissed mayor’s documents, issue also raised during Senate investigations.
“They even benefited from it, especially since this counter-affidavit delayed case…for us, there’s no doubt counter-affidavit is fake, and such actions by lawyers should not be emulated….this could set bad example for other lawyers, making them disregard our legal proceedings here,” he stressed.
Ty said they are investigating Elmer Galicia, lawyer who notarized Guo’s affidavit despite dismissed mayor not personally appearing before him.
According to jurisprudence, “notary public should not notarize document unless persons who signed same are the very persons who executed it and personally appeared before him to attest to contents and truth of what is stated therein.”
Justice department is still building its case, Ty said.
He added potential cases could include criminal charges, which may be addressed by prosecutors, or administrative cases, could be filed with Integrated Bar of the Philippines or Supreme Court.
Supreme Court, in its decision pro
| Lawyer suspended for notarizing document while signatory was abroadThe Supreme Court suspended lawyer Lorenzo Reago from the practice of law for two years and was also prohibited … |
mulgated in November last year, said lawyers who violate Rules of Notarial Practice breach Canon II of Code of Professional Responsibility and Accountability, emphasizes propriety of members of Philippine Bar.
In related case, lawyer notarized transfer certificate of title despite owner being out of the country.
High court imposed one-year suspension from practice of law on lawyer and also prohibited him from being commissioned as notary public for two years.
High court stressed that notary public should never notarize document unless person who signed it is same person who appeared before them to affirm document’s contents.
High court stressed that notary public should never notarize document unless individual who signed it is the same person who appeared before them to affirm contents of the document.
“Notaries public are enjoined to observe with utmost care basic requirements in performance of their duties; otherwise, confidence of public in integrity of this form of conveyance would be undermined,” Supreme Court’s decision read.
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