Crackdown on vs. erring notarial service in Cebu City

INSPECTION. A team from the Regional Trial Court Cebu City Office of Executive Judge Marlon Jay Moneva and 2nd Vice Executive Judge Anacleto Debalucos inspects notarial offices across the Cebu City Hall on Friday (Aug. 9, 2024). Integrated Bar of the Philippines-Cebu City Chapter president Rosendo Emilio Hernaez III on Sunday (Aug. 11) urged fellow lawyers to support efforts to ensure compliance with notarial rules. (Photo courtesy of Office of Executive Judge Moneva)

CEBU CITY – The Integrated Bar of the Philippines – Cebu City Chapter called on lawyers to support its efforts to prevent notarial service from being used for fraud and other malpractices.

“We urge all notaries to review their practices in light of these observations and enhance their compliance with the 2004 Rules on Notarial Practice and the Code of Professional Responsibility and Accountability,” lawyer Rosento Emilio Hernaez III, president of IBP-Cebu City, told the Philippine News Agency Sunday.

Hernaez issued the call after Regional Trial Court Executive Judge Marlon Jay Moneva and 2nd Vice Executive Judge Anacleto Debalucos recently conducted a surprise ocular inspection of notarial services near the Cebu City Hall.

“The inspection included a review of notarial registers, the presence or absence of the notary public and the observance of protocols such as the proper identification of signatories and the accurate recording of notarial acts,” a statement from Moneva’s office said.

Moneva, chairperson of the Task Force Honesto Notario, and other members discovered violations such as “barkers” soliciting clients as if selling items in a flea market and providing notary seals even without the personal appearance of signatories.

Some of the notaries also failed to verify the identities of signatories and authorized their aides to sign documents, a clear violation of the rule that the notary should sign the document.

They also found that the regular place of business on record and in the petition is not the actual place of business.

“Each erring notary public has been duly noted, and corresponding actions are expected to follow,” the statement further said.

Moneva vowed to conduct similar inspections periodically to ensure continuous compliance.

Hernaez added that the local chapter of IBP “remains committed to supporting initiatives that uphold professional standards, promote accountability and transparency, and reinforce public trust, aligning with the Supreme Court’s Strategic Plan for Judicial Innovation.”