G.R. No. A.C. No. 11889 (Formerly CBD Case No. 18-5671). November 13, 2024.
RE: RESOLUTION DATED AUGUST 30, 2017 IN OMB-C-C-13-0357, ETC., COMPLAINANT, VS. ATTY. EDITHA P. TALABOC, ATTY. DELFIN R. AGCAOILI, JR., AND ATTY. MARK S. OLIVEROS, RESPONDENTS.

FACTS

This disciplinary case originated from criminal complaints for plunder, violation of anti-graft laws, and malversation through falsification of documents filed before the Office of the Ombudsman (OMB), docketed as OMB-C-C-13-0357, involving the alleged irregular notarization of documents used in the release of the PHP 900 million Malampaya Fund. Complainants alleged that the Memoranda of Agreement (MOAs) were notarized by Ben Hur Luy, who forged the signatures of respondents Atty. Editha P. Talaboc, Atty. Delfin R. Agcaoili, Jr., and Atty. Mark S. Oliveros, and used their notarial registers, stamps, and seals. It was alleged that Atty. Oliveros, a wedding godson of Janet Lim Napoles (JLN), was aware of the use of his name and paraphernalia, for which he was paid. The names and notarial details of Attys. Talaboc and Agcaoili were allegedly provided by one Tess Rodino, and checks were issued in their names. The OMB, in a Joint Resolution, found insufficient proof that respondents notarized the documents or had knowledge of the scheme but recommended disciplinary action to the Supreme Court for violating the rules on notarial practice by allowing the use of their signatures, seals, and registers for a fee. This recommendation was reiterated in a Joint Order. The case was referred by the Supreme Court to the Integrated Bar of the Philippines Commission on Bar Discipline (IBP-CBD) for investigation.
During the IBP proceedings, only Atty. Agcaoili submitted an Answer and appeared at a mandatory conference. Atty. Talaboc filed motions for extension but failed to submit a position paper. Notices to Atty. Oliveros were returned unserved, and he filed no pleading. The OMB, in its Position Paper, alleged respondents violated the 2004 Rules on Notarial Practice by: (1) allowing notarial acts to be performed outside their place of work/business by others using their paraphernalia (Rule IV, Section 2(a)); (2) allowing notarization without the personal appearance of signatories, with only Community Tax Certificates (cedulas) or no competent evidence of identity indicated (Rule IV, Section 2(b)); and (3) profiting from unlawful notarial acts (Section 4(a)). The OMB submitted documents showing 95, 132, and 104 documents allegedly notarized by Atty. Oliveros, Atty. Talaboc, and Atty. Agcaoili, respectively. Atty. Agcaoili denied notarizing the documents, claimed he always verified identities, and kept his paraphernalia secure, alleging Luy admitted to forging his signature.

ISSUE

Whether respondents Attys. Editha P. Talaboc, Delfin R. Agcaoili, Jr., and Mark S. Oliveros are administratively liable for violations of the 2004 Rules on Notarial Practice.

RULING

Yes, the respondents are administratively liable. The Supreme Court adopted and affirmed the findings and recommendation of the IBP Board of Governors, which approved and adopted the Report and Recommendation of the Investigating Commissioner. The Court found respondents guilty of violating the Notarial Rules. The factual findings of the OMB, as adopted by the IBP, established that respondents allowed the use of their notarial seals, stamps, registers, and signatures for the notarization of spurious documents in exchange for a fee, without the personal appearance of the parties, and based on insufficient proof of identity (cedulas or none at all). This constituted gross negligence and a blatant violation of their duties as notaries public under the 2004 Rules on Notarial Practice, specifically Rules IV and VI, and the Lawyer’s Oath and Code of Professional Responsibility. Their actions undermined the integrity of notarization and facilitated fraudulent transactions.
The Court imposed the following penalties:
1. Atty. Mark S. Oliveros is DISBARRED from the practice of law. His name is ordered stricken from the Roll of Attorneys. His notarial commission, if any, is REVOKED, and he is PERPETUALLY DISQUALIFIED from being commissioned as a notary public.
2. Atty. Editha P. Talaboc and Atty. Delfin R. Agcaoili, Jr. are each SUSPENDED from the practice of law for a period of TWO (2) YEARS. Their notarial commissions, if any, are REVOKED, and they are PERPETUALLY DISQUALIFIED from being commissioned as notaries public.
The Court emphasized the sacred duty of a notary public and the serious consequences of violating notarial rules. The penalty for Atty. Oliveros was more severe due to his failure to participate in the proceedings, which was deemed an admission of the charges, and the finding that he had actual knowledge of the misuse of his notarial details. The penalties for Attys. Talaboc and Agcaoili were based on their gross negligence in safeguarding their notarial paraphernalia. All respondents were ordered to immediately inform the Court and the IBP of their receipt of the decision and to file a sworn statement of compliance upon serving their penalties.