The Supreme Court (SC) on Friday said that notarized documents will be invalidated if proven to be fake.
In a decision penned by Associate Justice Amy Lazaro-Javier, the SC’s Second Division emphasized that notarization does not cure a forged or fabricated document.
Although the notarization of a document carries with it the presumption of regularity, it is not the intention nor the function of the notary public to validate and make it binding when such document was never intended to have any binding legal effect, according to the High Court.
In the case of Chua vs. Bank of Commerce, the SC found that Chua successfully challenged the validity of the Continuing Surety Agreements (CSAs).
As such, he is cleared of liability for Interbrand Logistics and Distribution, Inc.’s unpaid P150-million loan from the Bank of Commerce.
Chua consistently denied signing the document or appearing before a notary. He held no position or interest in Interbrand, and the bank had no specimen of his signature to verify the CSA.
Additionally, his CSA and another were allegedly signed on the same day in far-apart locations but had identical witnesses, raising doubts about their authenticity. The notary public who supposedly notarized the CSA was also never presented in court.
