Justice Velasco notes: De Lima did not sign petition before notary public

Government lawyers scored a point in the Supreme Court (SC) after a magistrate observed what could be a violation in the preparation of notarized document in relation to Senator Leila De Lima's petition seeking to nullify her arrest on illegal drug trading charges.

During the oral arguments on Tuesday, SC Associate Justice Presbitero Velasco noted that the senator's affidavits were already signed before notary public Maria Cecile Tresvalles-Cabalo and Senator Leila De Lima met at Camp Crame on February 24.

Velasco cited the March 20 affidavit of Cabalo which stated: "I was informed that the petition was already signed and ready for notarization. I was then provided the petition by her staff.”

The magistrate noted Section 6 of the 2004 Rules on Notarial Practice requires the individual to appear in person before the notary public and sign the instrument or document in the presence of the notary, and take an oath or affirmation before the notary public.

Indicating that notarial practice rules could have been violated, Velasco said: "The petition was already signed at the time she (Cabalo) met Senator De Lima. She did not sign the petition before the notary public."

Asked if Cabalo put the impression of her seal when she and De Lima supposedly met at the office of the Philippine National Police's Criminal Investigation and Detection Group in Camp Crame at 9 a.m. of February 24, De Lima's counsel, former Solicitor General Florin Hilbay, said he was not aware.

According to the Office of Solicitor General (OSG), De Lima could not have personally appeared and sworn before Tresvalles-Cabalo to sign and execute her Verification and Certification Against Forum Shopping and the Affidavit of Merit on February 24, the day the senator was arrested and detained at the PNP Custodial Center for illegal drug trading.

The OSG cited affidavits of PNP Custodial Unit chief Supt. Arnel Apud and PNP Criminal Investigation and Detection Group-National Capital Region chief Supt. Belli Tamayo and other CIDG personnel who said they did not witness De Lima appear and swear before Tresvalles-Cabalo on that day.

Also, the guest logbook at the PNP Custodial Center for February 24 to 25, 2017 supposedly did not bear the name of Tresvalles-Cabalo.

The senator's petition was filed with the SC on February 27 at the SC.

The OSG said De Lima's petition must be dismissed, arguing that an unsigned pleading produces no legal effect.

Calida said that De Lima and Cabalo were liable for the crime of falsification under the Revised Penal Code for making it appear that they participated in the notarial act when this was allegedly not the case.

"They are also liable for indirect contempt of court and for violation of the Code of Professional Responsibility and the Lawyer's Oath," Calida said in his opening statement.

De Lima's camp had belittled the solicitor general's claim, saying it would not be enough to invalidate the petition. — MDM, GMA News