THE Davao City Council is reviewing a proposed ordinance that would penalize individuals posing as commissioned notaries public and “barkers” who solicit clients for notarial services outside government offices.
Councilor Atty. Bai Hundra Cassandra Advincula, chairperson of the Committee on Rules, Privileges, Laws and Ordinances, said during the Pulong-Pulong sa Dabawenyos media forum on Oct. 13 that the Davao City Justice Zone, led by local executive judges, formally proposed the measure.
The draft ordinance remains at the committee level.
The proposed Anti-Fake Notary Ordinance seeks to prohibit and penalize acts such as impersonating commissioned notaries public, using fabricated notarial seals, and employing “barkers” or escorts who solicit clients and collect documents or identification cards near government offices.
The draft measure also proposes prohibiting unsolicited solicitation of notarial services within a 200-meter radius of government facilities.
Advincula said lawyers found working with barkers could face disciplinary action from the Supreme Court, which has jurisdiction over the professional conduct of lawyers.
“For the lawyers kasi, the discipline is under the Supreme Court. Mas bug-at siya (For lawyers, disciplinary action falls under the Supreme Court, and the penalties are more serious),” she said.
Advincula said the practice has become a concern among members of Davao City's legal community, prompting complaints from lawyers.
“Actually, this is a prevalent problem here in our legal community,” she said. “Nagreklamo ang atoang mga lawyers. We would also like to protect our public and to remind them that they must always transact with legitimate lawyers (Our lawyers have filed complaints. We also want to protect the public and remind people to transact only with legitimate lawyers).”
She warned residents against using cheap, illegitimate notarial services, saying they could end up with invalid or void documents that courts or government agencies might reject.
Advincula also stressed that the Code of Professional Responsibility prohibits lawyers from treating the practice of law as a commercial business, making solicitation through barkers unethical and potentially subject to disciplinary action.
She said the Integrated Bar of the Philippines (IBP) requires lawyers to post a schedule of fees so clients can determine the expected cost of legitimate notarial services.
Residents who cannot afford legal representation may seek free assistance from the Public Attorney's Office, law school legal aid clinics, and legal aid caravans organized jointly by the city government and the IBP.
The Lawyer of the Day Initiative at the Hall of Justice also provides walk-in clients with free legal consultations and basic assistance.
Residents who want to verify a notary public's commission may consult the official roster displayed at the Hall of Justice or contact the IBP. GRS