Cebu City Notary Services Restriction

INSPECTION. A team from the Cebu City Regional Trial Court Office led by Executive Judge Marlon Jay Monewa and 2nd Vice President Executive Judge Anacleto Debalucos inspects notary offices at the Cebu City Hall on Friday (August 9, 2024). Integrated Bar of the Philippines-Cebu City Chapter President Rosendo Emilio Hernaez III on Sunday (August 11) called on fellow lawyers to support efforts to ensure compliance with notarial laws. (Photo courtesy of the Office of Executive Judge Monewa)

CEBU CITY – The Integrated Bar Association of the Philippines-Cebu City Branch has asked lawyers to support its efforts to prevent the use of notary services for fraud and other unfair practices.

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

Hernaez issued the summons after District Court Judge Marlon Jay Moneva and District Court Second Vice President Anacleto Debalucos recently conducted a surprise on-site inspection of a notary services near the Cebu City Hall.

“The inspection included a review of notarial registers, the presence or absence of a notary, and compliance with protocols such as the correct identification of signatories and the accurate recording of notarial deeds,” Moneva’s office said in a statement.

Moneva, chairwoman of the Honesto Notaries Task Force, and other members uncovered violations such as the solicitation of clients by “touters” who sold goods at flea markets, as well as the issuance of notarial seals even without the personal presence of the signatories.

Some notaries also did not verify the identity of the signatories and authorized their assistants to sign the documents, which was a clear violation of the principle that the notary should sign the document.

They also stated that the permanent place of business stated in the documentation and petition was not the actual place of business.

“Any notary found to have made a mistake has been duly noted and appropriate action is expected to be taken,” the statement continued.

Moneva has undertaken to conduct similar audits periodically to ensure ongoing compliance.

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