GR 196651; (February, 2016) (Digest)
G.R. No. 196651. February 3, 2016.
UWE MATHAEUS, Petitioner, vs. SPOUSES ERIC and GENEVIEVE MEDEQUISO, Respondents.
FACTS
Petitioner Uwe Mathaeus was ordered by the Tagbilaran Municipal Trial Court in Cities (MTCC) to pay respondents spouses Eric and Genevieve Medequiso a sum of money. The Regional Trial Court (RTC) affirmed the MTCC decision on appeal. Petitioner then filed a Petition for Review with the Court of Appeals (CA). The CA dismissed the Petition because the required Verification and Certification on Non-Forum Shopping was sworn to before a clerk of court of the RTC, not a notary public. The CA ruled that while clerks of court are notaries public ex-officio, they may only notarize documents related to the exercise of their official functions, and a verification in a Petition for Review is not within that scope, rendering the petition improperly verified and dismissible. Petitioner’s motion for reconsideration was denied.
ISSUE
Whether the Court of Appeals correctly dismissed the Petition for Review due to an improper Verification and Certification on Non-Forum Shopping notarized by a clerk of court.
RULING
The Supreme Court denied the Petition and affirmed the CA Resolutions. The Court held that clerks of court, as notaries public ex-officio, may only notarize documents related to their official functions. The notarization of verifications and certifications on non-forum shopping in a Petition for Review does not constitute part of a clerk of court’s daily official functions. Allowing such practice could lead to abuse, distract clerks from their essential duties, and unnecessarily add to their workload, as this function can be performed by commissioned notaries public. The Court found no compelling reason to relax the rules for petitioner’s benefit, noting his series of procedural lapses, including his failure to file a verified Answer in the MTCC and to furnish a copy to respondents, which led to judgment against him. His subsequent error at the CA level further justified the dismissal. Non-compliance with the requirement of a certification against forum-shopping is generally not curable, and the CA’s dismissal was proper.