DAVAO CITY, Philippines—A proposed ordinance would ban notarial solicitations within 200 meters of government offices, aiming to curb unauthorized notarization while drawing criticisms from workers who rely on the practice for income.
Councilor Bai Hundra Cassandra Advincula introduced the Anti-Fake Notary Ordinance through the Davao City Justice Zone. It would prohibit approaching passersby, distributing flyers, escorting people for notarization, or collecting documents and identification cards near government buildings. People without a valid notarial commission who pose as notaries public or perform notarial acts would face penalties.
The proposal follows complaints from the legal community about solicitations near government offices. On July 28, 2025, the National Bureau of Investigation (NBI) and the Integrated Bar of the Philippines-Davao City Chapter (IBP-Davao) arrested five people over alleged unauthorized notarial activity in the Bolton and Magallanes areas, according to an NBI statement issued July 30.
Advincula said the ordinance initially targets government agencies but noted the committee will study whether other establishments warrant coverage. The measure remains under committee review.
Livelihoods at stake
One notarial barker, who identified himself only as Jun and worked nearly daily from 10 a.m. to 4 p.m., said he earns about 250 pesos a day covering food and transportation costs.
“The truth is, it is prohibited. But if that is their decision, there is nothing we can do because we do not have a permit to do this,” Jun told Davao Today in Cebuano.
He added the practice serves people seeking cheaper notarization, though his account did not establish whether the transactions involved legitimate notaries.
Advincula warned that barkers could falsely claim ties to public officials or legal offices and steer clients to people not authorized to notarize documents.
She urged residents to deal directly with licensed lawyers to protect their documents.
Fraud risks flagged
Atty. Arvin Dexter Lopoz, spokesperson of the Union of Peoples’ Lawyers in Mindanao (UPLM), supported the ordinance, citing concerns that fake notarizations facilitate fraudulent real property and vehicle transfers through the Registry of Deeds and Land Transportation Office.
People involved in questionable transactions sometimes claim they relied on notarial barkers to secure notarization without personally appearing before lawyers, Lopoz said.
Under Supreme Court’s Rules on Notarial Practice, signatories must personally appear before a notary public and be identified through prescribed procedures.
Lopoz said the proposed ordinance was a necessary response to the risks posed by fake notaries, adding that notarial practice is an integral part of the legal profession.
Legal aid as an alternative
Advincula acknowledged affordability challenges and directed residents without means to the IBP, law school legal aid programs, the Public Attorney’s Office, city legal aid caravans and a lawyer-of-the-day initiative at the Hall of Justice.
Residents can consult the IBP to verify whether a lawyer holds a valid notarial commission.
The final scope and penalties remain subject to City Council deliberation.(davaotoday.com)
