G.R. No. 223637 - Sto. Tomas vs. Del Valle

This disciplinary action arises from allegations against Atty. Editha P. Talaboc, Atty. Delfin R. Agcaoili, Jr., and Atty. Mark S. Oliveros concerning irregular notarization of documents linked to various criminal complaints including charges of plunder, graft, malversation through falsification of documents, and violations of relevant laws such as RA 3019, RA 6713, RA 9184, and Article 172 of the Revised Penal Code.
The complaint involved the notarization of documents used in the release and liquidation of approximately PHP 900 million from the Malampaya Fund.

Complainants alleged that Ben Hur Luy forged the respondents’ signatures on Memoranda of Agreement (MOAs) and used their notarial registers, stamps, and seals without their knowledge or consent.
It was claimed that Atty. Oliveros, who is allegedly connected to Janet Lim Napoles (JLN), was aware of and received payment for the misuse of his notarial paraphernalia.
Respondents Talaboc and Agcaoili’s notarial paraphernalia were allegedly given to one Tess Rodino, who received checks issued in their names from JLN.

The OMB concluded that the respondents did not personally notarize the questioned documents based on witness testimony.
There was insufficient proof that the respondents had knowledge or were part of the notarization scheme.
However, they were found to have violated notarial rules by allowing others to use their signatures, seals, and registers possibly for a fee, meriting disciplinary action by the Supreme Court.

Proceedings before the Integrated Bar of the Philippines (IBP) Commission on Bar Discipline (CBD)

The IBP-CBD ordered the respondents to submit answers; only Atty. Agcaoili complied.
Mandatory conferences were scheduled but Attys. Talaboc and Oliveros largely failed to appear or submit pleadings.
The OMB filed a position paper alleging violations of the 2004 Rules on Notarial Practice including:

Notarial acts performed outside their regular business place through employees at JLN Corporation.
Notarizing without personal appearance of signatories and relying merely on Community Tax Certificates.
Profiting from the unlawful notarization scheme.

Respondent Agcaoili denied the allegations and insisted on usual diligent practices and indicated that investigation showed that others forged his signature.

The OMB submitted numerous allegedly notarized documents for each respondent, but the contents often lacked required details such as serial numbers of commissions, office addresses, IBP chapters, and PTR issuance places, violating the Notarial Rules.
Certifications from RTC Clerks indicated inconsistencies and doubtful validity of respondents’ notarial commissions matching the periods reflected in the notarized documents.
Some receipts and PTR numbers associated with the respondents were dated inconsistently with the notarization dates.

The IBP Investigating Commissioner found the respondents guilty of violating the 2004 Rules on Notarial Practice.
The recommendation included suspension from law practice for six months, immediate revocation of notarial commissions, and disqualification from being a notary for two years.

The Board adopted the Investigating Commissioner’s recommendation imposing the recommended penalties on all respondents.

The Court took cognizance of the case, referring investigation to the IBP which reiterated its position.
The Court reviewed the evidence and found the complainant failed to provide substantial evidence showing the respondents’ actual consent or participation in the notarization scheme or the receipt of fees.
Significantly, notarial registers were not presented and there was no direct proof the respondents profited.
Noted irregularities in the notarized documents cast doubt on the validity of the notarial commissions used.
The Court distinguished this case from precedents where negligence or admission occurred, emphasizing that respondents here provided proof of forgery and denied wrongdoing.

Atty. Talaboc failed to file an answer despite multiple extensions.
Atty. Oliveros did not respond and missed mandatory conferences; notices to him were sometimes unserved but presumed received.
Atty. Agcaoili filed an answer denying the accusations.

Dismissed complaint against Atty. Agcaoili for lack of merit.
Found Atty. Talaboc guilty of violation of Canon III for failure to comply with IBP directives; imposed six-month suspension, stern warning, and required filing of suspension commencement.
Found Atty. Oliveros guilty of violation of Canon III for failure to comply with IBP directives; imposed fine PHP 17,500.00 and stern warning.

Reminded judges to monitor notarial practice actively.
Directed creation of Task Force Honesto Notario per OCA Circular No. 291-2023.
Ordered investigation into notarial services rendered in respondents’ names by Executive Judges of RTC Manila, Quezon City, and Pasig, in cooperation with IBP and OCA.

Whether the respondents violated the 2004 Rules on Notarial Practice by allowing the unauthorized use of their notarial seals, stamps, and registers to notarize documents without their actual notarization or knowledge.

Whether there is substantial evidence to prove that the respondents consented to, were part of, or profited from the alleged fraudulent notarizations.

Whether the respondents’ failure to comply with the IBP’s directives during the administrative proceedings constitutes a violation of the Code of Professional Responsibility and Accountability.

The appropriate disciplinary sanctions to impose on the respondents based on the facts and evidence presented.