Case Summary (UDK-15143)
Allegations Against Respondents
The core allegations focus on the notarial services supposedly rendered by the respondents that facilitated the unlawful release of PHP 900 million from the Malampaya Fund. It was asserted that Ben Hur Luy, who is linked to Janet Lim Napoles, forged the signatures of the accused attorneys and utilized their notarial seals and paraphernalia without their consent. Specifically, the NBI charged that the attorneys profited from these irregularities, despite lacking direct involvement in the notarization of the documents.
Ombudsman Findings and Recommendations
The Office of the Ombudsman (OMB) reviewed the claims and concluded that while there was insufficient evidence to prove the respondents directly participated in the forgery scheme, they breached notary regulations by allowing unauthorized use of their seals and signatures for a fee. The OMB recommended that the attorneys be subjected to disciplinary action for violations of the rules governing notarial practice, particularly those established in the 2004 Rules on Notarial Practice.
Investigation by the Integrated Bar of the Philippines (IBP)
Following the OMB’s recommendation, the case was escalated to the IBP for a formal investigation. Atty. Agcaoili was the only one to respond, claiming that he adhered strictly to notarial protocols, including confirming identities in his notarial acts. Notably, Talaboc and Oliveros failed to submit any position papers or attend necessary conferences, raising questions about their defense and compliance with procedural requirements.
IBP Investigating Commissioner’s Report
The IBP’s Investigating Commissioner ultimately found that all three attorneys had failed to protect their notarial paraphernalia adequately which resulted in violations of the Notarial Rules. Emphasizing that they allowed their notarial acts to be misused and profited from these proceedings—the report recommended suspensions and revocations of their notarial commissions.
Resolution by IBP Board of Governors
The IBP Board of Governors adopted the Investigating Commissioner’s findings and imposed severe penalties on the three attorneys, including a suspension of six months from practicing law, immediate revocation of their notarial commissions, and a two-year disqualification from being commissioned as notaries public.
Supreme Court's Review and Findings
Upon review, the Supreme Court set aside the IBP's findings, determining that the complaint lacked substantial evidence to meet the requisite legal burden. The Court reaffirmed the presumption of innocence awarded to attorneys and held that the OMB did not adequately substantiate claims against the respondents, particularly regarding their supposed consent to the misuse of their notarial details. The Court noted that the allegations presented were largely based on unproven assertions from whistleblowers, without concrete evidence supporting the claims of misconduct.
Court's Conclusion and Final Rulings
As a result of the insufficiency of the allegations, the
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Background and Nature of the Case
- This disciplinary case arose from allegations of irregular notarization related to criminal complaints involving plunder, violations of Republic Acts No. 3019, 6713, and 9184, and Article 172 of the Revised Penal Code, including malversation and falsification involving various parties, including the respondents.
- The complaints were docketed as OMB-C-C-13-0357 before the Office of the Ombudsman (OMB).
- Complainants alleged that Ben Hur Luy forged the signatures of respondents and used their notarial paraphernalia to notarize documents concerning the release and liquidation of the PHP 900 million Malampaya Fund.
- Respondents allegedly allowed the use of their notarial seals, stamps, and registers for a fee.
Allegations Against the Respondents
- Atty. Editha P. Talaboc, Atty. Delfin R. Agcaoili, Jr., and Atty. Mark S. Oliveros were accused of permitting the illegal use of their notarial details by third parties.
- Allegedly, JLN (Janet Lim Napoles) paid for uses of notarial services in cash or checks.
- Tess Rodino was implicated in providing the names, registers, stamps, and seals of Atty. Talaboc and Atty. Agcaoili.
- The irregular notarial acts allegedly facilitated unlawful transactions involving large government funds.
Ombudsman Findings and Recommendations
- The OMB found that the respondents did not personally notarize the documents used for the Malampaya Fund transactions.
- It insufficiently proved respondents' knowledge or participation in the scheme.
- Nonetheless, the OMB recommended disciplinary action for violating notarial practice rules by allowing the use of their signatures, seals, and registers for a fee.
Proceedings Before the Integrated Bar of the Philippines (IBP) Commission on Bar Discipline
- The IBP-CBD ordered respondents to answer the complaint; only Atty. Agcaoili complied.
- Mandatory conferences were held but respondents Talaboc and Oliveros failed to appear or submit necessary pleadings.
- The OMB maintained that respondents violated the 2004 Rules on Notarial Practice:
- Performed notarial acts outside their regular place of work.
- Allowed notarizations without signatories personally appearing.
- Took fees despite knowing the unlawfulness of the acts.
- OMB submitted supporting documents including notarized documents, lists of such, and commission certifications.
Respondents' Defense and Non-Compliance
- Atty.