G.R. No. 232094 - Jabinal vs. Overall Deputy Ombudsman

Atty. Parina R. Jabinal, then Division Manager of the Legal Services Department at the National Housing Authority (NHA), was the respondent in a complaint filed against her for engaging in unauthorized private practice of law.
The alleged violation pertained to Section 7(b)(2) of Republic Act No. 6713, which prohibits public officials and employees from engaging in the private practice of their profession unless duly authorized by law or the Constitution.

On December 4, 2015, the Field Investigation Office of the Ombudsman, represented by Teddy F. Parado, initiated a complaint against Atty. Jabinal.
The complaint arose from notarizing two documents:

A Deed of Sale executed on August 20, 2008 between the NHA and Milagros Daez, Rosauro D. Villaluz, and K-Bon Construction Corporation.
A Deed of Assignment executed on September 30, 2008 between Milagros Daez and Rosauro D. Villaluz (First Party), K-Bon Construction Corporation (Second Party) and Alex Uson and Ernesto Yao (Third Party).

It was alleged that she received a combined payment of P30,000.00 for notarizing these documents.
Evidence indicated that Atty. Jabinal’s notarizations fell squarely within the ambit of “private practice” of law, for which she should have secured prior written authority from the NHA.

She acted in good faith, sincerely believing she was a commissioned notary public for the year 2008.
In 2006, while employed as Legal Staff at the Office of the General Manager of the NHA, she filed for appointment as a notary public for Quezon City and secured a commission approved on May 4, 2006 for the period covering 2006-2007.
She had subsequently filed another petition on February 9, 2008 for a notarial commission, which was granted on March 3, 2009 for the period covering 2009-2010.

She argued that the notarization in August and September 2008 was performed under the assumption based on her earlier notarial practice and that any oversight was inadvertent.

On May 16, 2016, the Ombudsman issued a Resolution finding probable cause against Atty. Jabinal for allegedly violating Section 7(b)(2) of R.A. 6713.
A Joint Order issued on December 2, 2016 denied her motion and supplemental motion for reconsideration, thereby affirming the Resolution.
Subsequent criminal Informations for two counts of violation were filed before the Metropolitan Trial Court of Quezon City.

Atty. Jabinal filed a petition for certiorari under Rule 65, challenging the actions of the Hon. Overall Deputy Ombudsman.
The petition alleged:

Grave abuse of discretion by factually mischaracterizing her notarization of the two documents as unauthorized habitual private practice of law.
A wrongful finding of probable cause which ignored existing judicial pronouncements and standards regarding the determination of probable cause.

She maintained that her acts, even if mistaken, did not constitute a habitual criminal conduct warranting criminal indictment.

Whether the Ombudsman, in finding probable cause against Atty. Jabinal for notarizing documents in 2008 without prior NHA authorization, committed grave abuse of discretion.

Whether notarizing the two documents fell under unauthorized private practice of law given that:

Atty. Jabinal’s petition for notarial commission was still pending at the time of notarization.
There was no written authority on record from the NHA allowing her to engage in the notarial practice while employed.

Whether the procedural and evidentiary basis adopted in the preliminary investigation sufficed to establish a well-founded belief of criminal misconduct.